HomeMy WebLinkAboutWindmill Village Phase II SW FDEP ACOE Approval
www.floridadep.gov
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
August 7, 2020
Oscar Roque
c/o Windmill Village by the Sea
10851 S Ocean Drive, Lot 169
Jensen Beach, FL 34957
Sent via e-mail: sharlenez@advpropmgt.com
Re: File No.: 56-388674-001-EE
File Name: Windmill Village
Dear Oscar Roque:
On June 8, 2020, we received your request for verification of exemption to perform the
following activity: install 300 ln. ft. of seawall within 18 inches waterward (wetface to wetface)
of an existing seawall. The project is located in a residential canal, adjacent to 10851 S Ocean
Drive, Lots 98, 99, 100, 101, 102, 75, and “West Bath House” in Jensen Beach, (Section 11,
Township 37 South, Range 41 East), in Saint Lucie County (Latitude N 27° 15' 57.29",
Longitude W -80° 12' 27.65").
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.
If you have any questions regarding this matter, please contact Ashley Drda at the letterhead
address or at 561-681-6671, Ashley.Drda@FloridaDEP.gov.
Project No.: 56-388674-001-EE
Project Name: Windmill Village
Page 2 of 5
1. Regulatory Review – VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt, under Chapter 62-330.051(12)(b), 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 - 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.
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
Project No.: 56-388674-001-EE
Project Name: Windmill Village
Page 3 of 5
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 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).
Project No.: 56-388674-001-EE
Project Name: Windmill Village
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
120.57, 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.
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.: 56-388674-001-EE
Project Name: Windmill Village
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Ashley Drda
Environmental Specialist
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP V-R1
General Conditions for Federal Authorization for SPGP V-R1
Project drawings, 7 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 – Jeff Meyer, Ashley Drda
Linda Petz - linenviron@gmail.com
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.
August 7, 2020
Clerk Date
Attachment A
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.,
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.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1) FS. History –New 10-1-13, Amended 6-1-18
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 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 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 against 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.
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 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-R1 (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.
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.
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.
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)
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 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.
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.
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.
MAP
Windmill Village By the Sea
10851 S.Ocean Dr.
Jensen Beach, FL 34957
(see attached enlarged map)
Note: Please see enlarged attached map for marina location.
MAP
Windmill Village By the Sea
10851 S. Ocean Dr.
Jensen Beach, FL 34957
(Enlarged)
Aerial
Windmill Village By the Sea
10851 S. Ocean Dr.
Jensen Beach, FL 34957
Aerial
Windmill Village By the Sea
10851 S. Ocean Dr.
Jensen Beach, FL 34957
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Windmill Village
B
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10851 S. Oc
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.
Jensen Beach,
F
L
3
4
9
5
7
8"#5 Bar 6"Vertical
4
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CrossSection
(
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4
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0
-
6
9
2
8
;
F
a
x
(
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Village
b
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S
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