HomeMy WebLinkAboutFDEP ExemptionFLORIDA DEPARTMENT OF R°"°°sa""$ Govemor
Environmental Protection Jeanette Nnflez
Lt Governor
Southeast District Office NoahValensteln
3301 Gun Club Road, MSC 7210-1 Secretary
West Palm Beach, FL 33406
561-681-6600
February 7, 2020
Linda Petz
2469 SE Dixie Hwy.
Stuart, FL 34996-4013
Email Address: Linenviron@pmail.com
File No.: 56-384155-001,002-EE
File Name: Garofalo
Dear Ms. Petz:
On January 28, 2020, we received your request for verification of exemption to perform the
following activities: To 1) install 60 In. ft. of seawall within 18 inches _waterward (wetface to -
wetface) of the existing seawall and 2) install king and batter piles The project'is located -in the
South Indian River, Class III Waters, adjacent to, 10751 S. Ocean Drive, Lot A13, Jensen Beach,
FL (Section 11, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27' 16'
09.33", Longitude W 80' 12' 29.57").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project did not qualify for the federal review portion of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local authorizations
that may be required for the activity. Please refer to the specific section(s) dealing with that portion
of the review below for advice on how to proceed.
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.
If you have any questions regarding this matter, please contact Newt Robson at the letterhead
address or at 561-681-6620, Newt.Robson@Floridadep.eov .
www.dep.state.flusC
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 2 of 13
1. Regulatory Review— VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
are exempt, under Chapter 62-330.051(12)(b) and (12)(d), Florida Administrative Code, from the
need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial modifications
to the project design should be submitted to the Department for review, as changes may result in
a permit being required.
2. Proprietary Review —NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. Federal Review — SPGP NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the Corps
using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345,
or alternative as allowed by their regulations. More information on Corps permitting may be found
online in the Jacksonville District Regulatory Division Source Book at:
https://www.sa*.usace.army.miVMissions/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.
Additional Information
Please retain this letter. 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.
www.dep.state.fl.us
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 3 of 13
Petition for Administrative Hearine
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 C1erk@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
21 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
21 days of publication of the notice or within 21 days of receipt of the written notice, whichever
occurs first. 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
www.dep.state.tl.us
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 4 of 13
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 will not apply to persons who have not received
written notice of this action.
F.A.C.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,.E.S., may.-
- -A- — .----•" ____,.__.� .._� -_- -- ---
also seek -appellate review-ofthis,order before the Land -and -Water Adjudicatory-Commisslion n
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.
www.dep.state.tl.us
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 5 of 13
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
7fm
Jeffrey Meyer
Environmental Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Project Drawings, 2 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Jeff Meyer, Newt Robson
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.
February 7, 2020
Clerk Date
File Copy
www.dep.state.f..us
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap,
and Other Shoreline Stabilization —
(b) The restoration of a seawall or riprap under section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event,
such as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves
only minimal backfilling to level the land directly associated with the restoration or repair and
does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I
for factors used to determine qualification under this provision;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured
from the waterward faceof the existing seawall to the face of the restored seawall, or from the
waterward slope of the existing riprap to the waterward slope of the restored riprap; and
3. Applicable permits under chapter 161, F.S., are obtained.
(d) Installation of batter piles, king piles, or a seawall cap, used exclusively to stabilize and
repair seawalls, provided they do not impede navigation.
��tie copy
to be
max. of 18"
waterward of
existing seawall
panel seam) \
MHWIMLW
Batter Plle-- ---
(Angled 4.ft
@panel midpoint)
Pro osed
Seawall
w8n 18" face
to face
Seawall
to Remain
Garofalo Residence
10751 S. Ocean Dr., Lot A-13
Jensen Beach, FL 34957
NOTE:
1. Concrete to have a min. Compressive Strength of
5000 psi @ 28 days.
2. Install new concrete seawall directly in front
of existing seawall, within 18" face to face.
3. Pilings final hammer driven to a min. of 5 tons each
4. Pilings to be 12"x12" prestressed concrete up to 20' length.
S. Lot width is 60'±:
6. King Wor Batter pilings to be field located, as needed.
7. Elevation of new seawall cap to be field located and
approximately 2'+1-above existing cap.
IIIIIIIII�IIIIIIIII�
0' 10, 20'
Swle
56-334155-001,
002-EE
Southemt lihwict
Proposed Seawall for the Garfalo wilco Construction, Inc. Date: 1/27/20
Plan View I Residence (772)460-6928;FAX(772)460-6929
titVIC
0*.Ar
to be
max. of 18"
waterward of
existing seawall
(Vertical at
panelseam)
Batter Pile
(Angled 4:1±
@panel midpoint)
w/in 18" face
to face
Seawall
to Remain
Garofalo Residence
10751 S. Ocean Dr., Lot A-13
Jensen Beach, FL 34957
�7
NOTE:
1. Concrete to have a min. Compressive Strength of
U
5000 psi @ 28 days.
2. Install new concrete seawall directly in front
of existing seawall, within 18" face to face.
3. Pilings final hammer driven to a min. of 5 tons each1
4. Pilings to be 12"x12" prestressed concrete up to 20' length.
S. Lot width is 60'±
6. King Wor Batter pilings to be field located, as needed.
7. Elevation of new seawall cap to be field located and
approximately 2'+/- above existing cap.
II II 1111111111111111
0' 10, 20'
Scale
Dan
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Fort
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56-384155-001,
002-EE
Southeast District
Proposed Seawall for the Garfalo Wilco Construction, Inc. Date: 1/27120
Plan View Residence (772)460-6928;FAX(772)460-6929
NOTE:
1. Concrete to have a min. Compressive Strength of
6000 psi @ 28 days.
2. Install now concrete seawall directly In front -
of existing seawall, within 18" face to face.
3. Pilings final hammer driven to a min. of 5 tons each
4. Pilings to be 12"x12" prestressed concrete up to 20' length.
5. King &/or Batter pilings to be field located, as needed.
6. Elevation of new seawall cap to be field located and to be
approximately 2'+1-above existing cap.
r-Llfbng Hooks
#5 Bar
He
and
New Concrete Panel
(8" thick x 8' wide x 12' long)
King Pile 12"xlT
prestressed
(Vertical at panel seamsJ—
Ball Between
Existing Wall
& New Wall
Garofalo Residence
10751 S. Ocean Dr., Lot A-13
Jensen Beach, FL 34957
The work specified herein
has been designed and all
work shall be in accordance
with the 2017 Florida
Building Code (6th Ed.).
All codes reference herein
are per the latest adopted
edition.
#3 Ties
@2' O.C.
Min. 3'+/-Embedment
for nel
#5 Reber
King pile @ 5 PCs.
panelseam
(vertical)
Cross; I New Seawall for the Garofalo
Section I Property (Lot A-13)
Bar
Cap
4'.1+1-
Expanded
iew
King Pile
min. 3' ncrele
erege verreber 11 p's'
}/— #5 rebar
mbar Des
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p
!. `t dowel with aid.
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Conc. Pit 6" 2 pa per pile
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+i T r ®`
r CANAL BOTTOM [ l
o Batter Pile GY
q 50%min. min. 3"
i penetration concrete „ pce.1.4rT,
for pilings coverage $ }/— #5 be,
over rebar
<18"(face n� 2'OCrties
to face) 12NIT Concrete Pilings 14
t. 5 dowel with std.
60'+/- New hook epoxy-
12"x12" Batter set min. embedm
Concrete Cap/Wall Conc. Pill 6" 2 pc. per pile
v10'+/- Panel Geotextile Filter
Cloth along backside
+/ (landward side) of wall
µ;:/ �. si ' ',:. ;`-�_3. Paul Re 1 1'f/ pr w �•+
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#3 Reber ing pile @ 2 Harr r tp/'6ad�
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Ztt.rpilo
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+1•)
y� N-:3�
Wilco Construction, Inc. Date:f27/20
(772)460-6928; Fax (772)460-6929 Scale: Dim
;
w
to be
max. of 18"
waterward of
existing seawall
panel seam)
Batter Pile
(Angled 4:11:
@panel midpoint)
Seawall
Win 18" face
to face
Seawall
to Remain
Garofalo Residence
10751 S. Ocean Dr., Lot A43
Jensen Beach, FL 34957
NOTE:
1. Concrete to have a min. Compressive Strength of
5000 psi @ 28 days.
2. Install new concrete seawall directly in front
of existing seawall, within 18" face to face.
3. Pilings final hammer driven to a min. of 5 tons each
4. Pilings to be 12"x12" prestressed concrete up to 20' length.
5. Lot width is 60't
6. King Wor Batter pilings to be field located, as needed.
7. Elevation of new seawall cap to be field located and
approximately 2'+/. above existing cap.
IiiiiiiiiiIiiiiiiiilI dNpISS�1.
0' 10' 20'
Scale
Dani ui Rat T- 56-3S415S001,
P.S. .�01 ctlt;,�' z 002-EE
•Southeast District
\\t ,'gg\qq
Proposed I Seawall for the Garfalo 1(772)460-6928;FAX(772)460-6929
Wilco Construction, Inc. Date: 1/27120
Plan View Residence
NOTE:
1. Concrete to have a min. Compressive Strength of
6000 psi @ 28 days.
2. Install new concrete seawall directly In from
of existing seawall, within 18" face to face.
3. Pilings final hammer driven to a min. of 5 tons each
4. Pilings to be 12"x12" prestressed concrete up to 20' length.
S. King Wor Batter pilings to be field located, as needed.
6. Elevation of new seawan cap to be field located and to be
approximately 2'+1-above existing cap.
#f
AS
New Concrete Panel
(8" thick x 8' wide x 12' long)
King Pile 12'k12"
prestressed
(Vertical at panel seams) —
The work specified herein
has been designed and all
work shall be in accordance
with the 2017 Florida
Building Code (6lh Ed.).
All codes reference herein
are per the latest adopted
edition.
Pcs
#3 Ties #/5 Sa/ram--I4"x28°+/-
@2 O�/�
Back011 Between
EAsting Wall
8 New Wall
Pane
Min. 3'+/- Lbedonert
for P nela S
Garofalo Residence
10751 S. Ocean Dr., Lot A-13
Jensen Beach, FL 34957
Pile
5o%min.
penetration
for pilings
to face)
60'+/_ New
Concrete CapNVall
Expanded
min. 3" ncrete
King
Pile
erage ver rebar
rebar,
rebar Des
14"
@2' oC
r,
,..
5 dowel with aid.
hook epoxy -
UNIT ring
',i.`
set min. embedme
Conc. Pill
6" 2 pc. per pile
Expanded
Batter Pile
#5rebar
- rebar Des
+. @7 OC
5 dowel with std.
min. embedm
1 r pile
orss yo
min. 3"
concrete
coverage
over rebar
Pilings 14ni.
hook epoxy -
12.xl2" Batt
Cone PI
Geotextile Filter
Cloth along backside
(land side) of well
ry ter- rare
+/ +/q.
05 Reber
King pile @ 5 poll.
panel seem
(vertical)
Cross New Seawall for the Garofalo
Section Property (Lot A-13)
N/ P.E.
a #3 Reba
Ties inepile@
2'OC panel seam 1402
(vertical)
attar pile Fort
@ panel midpoint
(angled 4:1+1-)
Wilco Construction, Inc.
(772)460-6928; Fax (772)460-6929
Sad f '
Date: 1/27/20
Scale:
Dim
FLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
February 14, 2020
Linda Petz
2469 SE Dixie Hwy.
Stuart, FL 34996-4013
Email Address: Linenvironna email.com
File No.: 56-384155-001,002-EE
File Name: Garofalo
RonDeSanRs
Governor
Jeanette Nufiaz
Lt Governor
Noah Valensteln
Secretary
MIN.SETBACK,REQ.
W,101
PU[el
This letter supersedes the previous Exemption Letter dated February 7, 2020, correcting
only the Federal Review portion of the letter.
Dear Ms. Petz:
On January 28, 2020, we received your request for verification of exemption to perform the
following activities: To 1) install 60 In. ft. of seawall within 18 inches waterward (wetface to
wetface) of the existing seawall and 2) install king and batter piles. The project is located in the
South Indian River, Class III Waters, adjacent to, 10751 S. Ocean Drive, Lot A13, Jensen Beach,
FL (Section 11, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27' 16'
09.33", Longitude W 80' 12' 29.57").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. 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.
2cav 0579
If you have any questions regarding this matter, please contact Newt Robq ® ttpg as
address or at 561-681-6620, Newt.Robson@Floridadeo.gov . ' " I''i `'"`'"� �OR
CODE CGNIF-'fl. ANCE
www.dep. state. flus ST. LUC&E; COUNTY
File COPY. BOCC
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 2 of 5
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
are exempt, under Chapter 62-330.051(12)(b) and (12)(d), Florida Administrative Code, from the
need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, a new request and verification fee will be required: Any substantial modifications
to the project design should be submitted to the Department for review, as changes may result in
a pemtit being required.
2. Proprietary Review —NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. Federal Review — SPGP APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V-RI, 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-RI 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-RI with all terms and conditions and the General Conditions may be found at
https://www.sae.usace.armv.mil/Missions/Reeulatory/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.
Additional Information
Please retain this letter. 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 fna'Land 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
www.dep.stateA..us
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 3 of 5
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 Clerknn demstate.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
21 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
21 days of publication of the notice or within 21 days of receipt of the written notice, whichever
occurs first. 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).
www. dep.state. fl. us
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 4 of 5
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
120.5.7, 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 will not apply to persons who have not received
written notice of this action.
F.A.C.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 parry 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 parry 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.
www.dep.state.fl.us
File No.: 56-384155-001,002-EE
File Name: Garofalo
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Jeffrey Meyer
Environmental Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
General Conditions for the use of the Federal SPGP V
General Conditions for the use of the Federal SPGP V
Project Drawings, 2 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Jeff Meyer, Newt Robson
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.
� 0AWli, 2/14/2020
Clerk Date
www.dep.state.fi.us
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap,
and Other Shoreline Stabilization—
(b) The restoration of a seawall or riprap under section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event,
such as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves
only minimal backfilling to level the land directly associated with the restoration or repair and
does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I
for factors used to determine qualification under this provision;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured
from the waterward face of the existing seawall to the face of the restored seawall, or from the
waterward slope of the existing riprap to the waterward slope of the restored riprap; and
3. Applicable permits under chapter 161, F.S., are obtained.
(d) Installation of batter piles, king piles, or a seawall cap, used exclusively to stabilize and
repair seawalls, provided they do not impede navigation.
Special Conditions for Federal Authorization for SPGP V-Rl
Note: JAXBO (Jacksonville District's Programmatic Biological Opinion), referenced throughout,
may be found online in the Jacksonville District Regulatory Division Sourcebook, or at
http://cdm l602l .contentdm.ocic.orsy/utils/getfile/collection/y l602l coII3/id/577.
The SPGP V-RI instrument and all attachments may be found online through the Sourcebook, or
at https://www.sai.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-RI.
Special Conditions for All Proiects
1. Authorization, design and construction must adhere to the terms of the SPGP V-Rl 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 boatli8'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-RI, 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.
www.dep.state.tl.us
i"tl- �"OF �J
c. Permit Transfer. When the structures or work authorized by this permit are still inexistence
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 (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.armv.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-RI be evaluated as an Individual Permit. Conformance with the terms and conditions of
the SPGP V-RI does not automatically guarantee Federal authorization.
8. On acase-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-RI 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(gdos.state.fl.us. The Applicant/Permittee can
also research sites in the National Register Information System (KRIS). Information can be found
at htto://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.
www.dep.state.fl.us
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 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-Rl 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
against the United States on account of any such removal or alteration.
13. The SPGP V-RI 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-RI 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-RI 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-RI will remain in effect provided the activity is completed within 12
months of the date the SPGP V-Rl expired or was revoked.
Special Conditions for Shoreline Stabilization Activities
1. Shoreline stabilization materials must be placed by hand around red mangrove prop roots
(Reference: JAXBO PDC A1.3.).
2. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to
create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic
habitat enhancement. Native plants can be placed along the shoreline or between the shoreline and
the living shoreline structure (Reference: JAXBO PDC A7.4.).
3. Living shoreline structures and permanent wave attenuation structures can only be constructed
out of the following materials: oyster breakwaters, clean limestone boulders or stone (sometimes
www.dep.state.flus
contained in metal baskets or cages to contain the material), small mangrove islands, biologs, coir,
rock sills, and pre -fabricated structures made of concrete and rebar that are designed in a manner
so that they do not trap sea turtles, smalltooth sawfish, or sturgeon (Reference: JAXBO PDC
A7.5.).
a. Reef balls or similar structures are authorized if are not open on the bottom, open -bottom
structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre-
fabricated structures are designed in a manner so that they do not trap sea turtles.
b. Oyster reef materials shall be placed and constructed in a manner that ensures that materials
will remain stable and that prevents movement of materials to surrounding areas (e.g.,
oysters will be contained in bags or attached to mats and loose cultch must be surrounded
by contained bagged oysters or another stabilizing feature) (Reference: JAXBO PDC
A7.2.).
c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall
not be indiscriminately dumped or allowed to spread outside of the reef structure)
(Reference: JAXBO PDC A7.3.).
d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured
parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement
(Reference: JAXBO PDC A7.6.).
e. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured
parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement
(Reference: JAXBO PDC A7.6.).
f. Other materials -are not authorized by this SPGP V-RI (Reference:-JAXBO PDC A7.5.).
4. For living shorelines, only native plant species can be planted (Reference: JAXBO PDC A7.1.).
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.
www.dep.state.tlus
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 anytime
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. Limitsof this authorization.
a. This permit does not obviate the need to obtain other Federal, State, orlocal
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 orproposed
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 publicinterest.
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.
www.dep.state.fl.us
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.
www.dep.state.fl.us
Department of the Army Permit Transfer for SPGP V-Rl
PERMITEE:
PERMIT NUMBER:
ADDRESS/LOCATION OF PROJECT:
(Subdivision)
DATE:
(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)
State, Zip Code)
www.dep.state.fl.us
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,:mustbe 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@mvFWC.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 be used (see MyFWC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by I V 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.
www.dep.state.fl.us
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
fi �_, Wildlife Alert:
1-888-404-FWGG(3922)"
cel l * FWC or #FWC
www.depstateAus � �,
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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 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.
www.dep.state.Aus
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(a)noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by
region at htto://www.nmfs.noaa.2ov/nr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfiishencounters.html.
1. All work must occur during daylight hours.
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www.dep.state.f..us W 4:,0ply