HomeMy WebLinkAboutHARSCH DEP APPROVALSoutheast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
July 6, 2020
Robert Harsch
1 l 995 South Indian River Drive
Jensen Beach. FL 34957
Re: File No.: 56 -256199 -003 -EE
File Name: I larsch
Ron 00 antis
Governor
Jeanette Nunes
Lt. Governor
Noah Valenstetn
Secretary
Dear Robert I larsch:
0n June 24. 2020, we received your request for verification of exemption to install a boatlift
within an existing slip area. The prgject is located in the Indian River. within the Jensen Reach
to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters. Class 111 Waters. adjacent to
11995 South Indian River Drive, Jensen Beach (Section 32, Township 36 South, Range 41 East).
in Saint Lucie County (Latitude N 27° 17' 38.37", Longitude W 80° 15' 4.26").
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 Chloe Gossett at the letterhead
address or at (561) 681-6674, Cltl<)e.(iossettfrPl'IoridaDEF.Lov.
1. Regulatory. Revie-w — VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt, under Chapter 62-330.051(5)(h), Florida Administrative Code, from the need to obtain a
regulatory permit under Part IV of Chapter 373 of the- Florida Statutes.
Www.fthrid 4de.- .Z.: Q
Project No.: 56-256199-003-1-11'
Proiect Name: I Mrsch
Page 2 (if 7
']'his 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, anew 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- (TRANTED
The I )epartment acts as staffto the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of'so-vereign submerged lands.
The Department has the authority to review activities on sovereign Submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of'
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees, the Department has reviewed the activity
described above, and has determined that the activity qualities for a letter of consent under
Section 253.77, Florida Statutes, to construct and use the activity oil the specified sovereign
submerged lands, as long as the work performed is located within the boundaries as described
herein and is consistent with the terms and conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees deten-nines that such interest did not exist on the
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you
agree not to assert a claim or dellense against the Board of Trustees arising out of this Letter of
Consent.
Special Consent Conditions
I - The applicant agrees to indemnify, defend and hold harmless the Board ofTrusteesand
the State of Florida from all claims, actions, lawsuits and demands in any form arising
out of the authorization to use sovereignty submerged lands or the applicant's use and
construction of structures on sovereignty submerged lands. This duty to indemnify and
hold harmless will include any and all liabilities that are associated with the structure or
activity including special assessments or taxes that are now or in the future assessed
against the structure or activity during the period of the authorization.
2. Failure by the Board of Trustees to enforce any violation of provision of the
authorization or waiver by the Board of Trustees of any provision of the authorization
will not invalidate the provision not enforced or waived, nor will the I'ailure to enforce or
a waiver prevent the Board of Trustees from enforcing The uneillorced or waived
provision in the event of a violation of that provision.
Project No-: 56 -256199 -003 -EE
Project Name: Harsch
Page 3 of 7
3. Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns lails
or refuses to comply vwith the provisions and conditions ofthe authorization. the
authorization tnay be terminated by the Board of Trustees after written notice to the
applicant or its successors or assigns. Upon receipt of such notice, the applicant or its
successors or assigns will have thirty (30) days in which to correct the violations. failure
to correct the violations within this period will result in the automatic revocation of this
authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by la« will be made by
certified mail at the address shown on page one of the authorization. The applicant will
notify the Board of 'Trustees in writing of any change of address at least ten days before
the change becomes effective.
5. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities
All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set firth in paragraphs (a) through
(i) below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258. Part 11, F.S.
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of
the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified. suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003,_
68A-27.004, and 68A-27.005, F.A.C.
Project No.: 56 -256199 -003 -EE
Project Name: 1-larsch
Page 4 of 7
(f) Structures or activities shall not unreasonably interfere with riparian. rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity shall be modified in accordance xvith the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,
F.A.C.. N ithin one year, of a structure damaged in a discrete event such as a storm. flood.
accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized tinder Paragraph 1.8-
21.004(1)(f), F.A.C.. or any other applicable law.
3. Federal Review - APPROVED
Your proposed activity as outlined in your application and attached drativings qualifies for
Federal authorization pursuant to the State Programmatic General Permit V -R1. and a
SEPARATE hermit or authorization will not be required from the Corps. Please note that: the
Federal authorization expires on July 26, 2021. 1-lowever, your authorization may remain in
effect for up to l 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 -RI with all terms and conditions and the General
Conditions maybe found at https://xvww.sai.usace.aril%,.miUNI issit) ns/Reutrl3tor 'Source-13ook..
Authority far 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
Permits', Section 10 of the Rivers and l ]arbor 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
Project No.: 56 -25619t) -003 -FE
Project Name' l larsch
Pau S of 7
process is designed to formulate final agency action. the hearing process mac re uh in a modification ofihc
agency action or eyel7 denial of the application.
Petition liar Administrative Hearing
A person %v,hose substantial interests are affected by the Department's action inay petition tin• an.
administrative proceeding (hearing.) under Sections 120.560 and 120.57. F.S. Pursuant to Rules 28-
106.201 and '28-106.301. F.A.0 ., a petition for all administratiNe hearing must contain the folloN\ing
infannation:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
(b) `i`he 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 putlnoses 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 ofthe agency's proposed action:
(t) 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 AgencN Clerk ujdefi.state.fl.us. Also, a cope 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.G., petitions for ail administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3). F.S.. must be filed
within 14 days of receipt of this written notice. Petitions filed by any persons other than the
applicant. and other than those entitled to written notice under Section 120.60(3), F.5., must he
filed within 14 days of publication of the notice or within 14 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 allpersons 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-
1 10.106(l 0)(a).
The failureto 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
Pr(Iject No.: 56-256199-00' -EE
Proiect Name: tlarsch
Page 6 o1'7
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 ofthe
presiding oflicer upon the filing of'a motion in compliance with Rule 28-106.205. F.A.C. li'vou
do not publish notice ofthis action, this waiver will not apple to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-1 10.106(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 35,1-allahassee, Florida 32399-
3000, or via electronic correspondence at Agency C l rkiEx),dep state tl.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.
FL.AWAC Review
Thc applicant, or any party m ithin the meaning of Section 373.1 14(t)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Iwand and Watet- Adjudicatory Commission
under Section 373.114(l) or 373.4275, I .S. Requests Ior 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 it) 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 ol'appeal. The notice must be filed within 30 days from the date this
action is `led with the Clerk of the Department.
EXECUTION AND C1..ECtKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Chloe Gossett
Environmental Specialist
Southeast District
Pn1ject No,: 56 -256199 -003 -EE
Project Name: I larsch
Page 7 of 7
Enclosures
Attachment A- Specific Exemption Rule
Special Conditions, for f=ederal Authorization for SPGP V -R I
General Conditions for Federal Authorization for SPGP V -R I
Project drawings. 3 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 follm\ ing listed persons:
FDEP — Jeff Meyer, Chloe Gossett
Linda Petz linenviron iP,,?rnailxom
Additional mailings:
Irene Arpayoglou lreiie.ArpavogioLiiii.,.(Icp.state.1l.tis
FILING AND ACKNOWLEDGMENT
on this date. pursuant to Section 1210.52. F. S., with the designated Department Clerk.
receipt of which is hereby acknowledged.
July 6, 202
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.
(5) Dock, Pier. Boat Ramp and Other Boating -related Work —
(la) The installation of a pile -supported boat lift within an existing mooring area at a docking facility that is legally
in existence, provided:
1. Such installation does not conOict with a condition of permit issued theretinder.
2. The boat lit! does not include additional structures, such as platl6rins. cut walks, and rooks.
Rulemaking, .-Julhoril ' v 373.02607), 373.043, 373.4131, 373.414-5, 403.8050) FS Law Iny-dementeci 373406,
373 4131, 373.4145, 373.415, 403.873(1) IS. Hislot'v-New 10-1-13, ..'Inzended6-1-18
Sitecial Conditions for Federal Authorization for SPCI' 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 Imp:__ .',fill i (1021 02 1 c,ol-B/Id/1577.
The SPGP V -R I instrument and all attachments may be found online through the Sourcebook, or
atLlsace.arnit.anilz,-,P I
III addition to the conditions specified above. the following Special C'ondition's appy- to all
projects reviewed and/or authorized under the SPGP V -RI.
Special Conditions for All I'roiects
1. Authorization. design and construction must adhere to the terms of the SPGP V -RI
instrument including the- Procedure and Work Authorized sections.
2. Design and construction must adhere to the PDCs for In -Water Activities ('Rst laChll)c[-I t),
from PDCs AP.7 through AI'1 1, inclusive. of JAXBO) (Reference: JAXBO PI?C AP.I.).
3. All activities perhormed during daylight hours (Reference: JAXBO FDC APA),
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 I -)y 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 NQAA Florida Keys National Marine Sanctuary require
prior approval from the Sanctuary (Relerence: JAXBC? .PDCs All'. 14 and A 1.6).
6. Notifications to the Carps. For all authorizations under this SPGP V-Rl, including Self -
Certifications. the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. Within 10 days before the date ofinitiating 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 Carps.
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 (AttaLhll)e171 12) 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-
C'ertification Statement of Compliance" firm does not constitute approval of any
deviations by the Corps.
c. PermitTransfer. 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
vvith its terms and conditions, have the transferee sign and date the enclosed form
(Aft-1chnle['t 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: SA I;l)-1',iA nt_("I))Cnta:I1Siu_C.arll)v, d (not: to exceed 10
MB). "Thr 1 ermittee shall reference this permit number. SAJ- 2015-02575 ora all
submittals.
7. The District Engineer reserves the right to require that any request for authorization under
this SPOP V -R l 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 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 -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 fi)r inclusion in the National Register. Prior to the
start of work, the Applicant/Permittee or other party on the Applicant's/Pennittee's behalf., shall
conduct a search of know=n historical properties by contracting a professional archaeologist. and
contacting the Florida Master Site File at 850-245-6440 or Sitel"ile('�'dos.state.fl.us. The
Applicant/Pennittee can also research sites in the National Register Information System (NRIS).
information can be found at 1�ttla=''/twvvv.c.r.�Irs,gt:wlni;'re ea�ci�l.
a. I.f., 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
patties, 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.
1 I. The Pernxittee is responsible fir obtaining any "take" permits required under the, I I.S. Fish
and Wildlife Service's regulations governing compliance with these laws. The Permittee should
contact the appropriate local office ofthe U.S. Fish and Wildlife Service to determine if'such
`.take" permits are required fir a particular activity.
I 2. For Pr(jects authorized under this SPEP V -R i in navigable \\ Liters of the U.S., the Permittee
understands and agrees that, if future operations by the l Jnited States require the removal,
relocation. or other alteration. ofthe structures or work herein authorized. or if. in the opinion of
the Secretary ofthe Army or his authorized representative. said structure or work shall cause
unreasonable obstruction to the free navigation ofthe navigable waters, the Permittee will be
required, upon due notice from the Corps of l.;ngineers, 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 SPEP V -R I 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 -R.1 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 -R I vvitl be evaluated by the Corps.
14. Ifthe SPGP V -RI expires.., is revoked, or is terminated prier to completion of the authorised
v,ork, authorization of activities which have commenced or are under contract to commence in
reliance upon the SPGP V -R I will remain in effect provided the activity is completed within 12
months ofthe date the S136P V -RI expired or was revoked.
S ecial Conditions for Docks Piers. Associated Facilities and other Minor Pilin -
Sup -ported Structures
1. For temporary structures associated with marine events. Upon completion ofthe event, these
structures trust be removed and, to the maximum extent practical. the site roust be restored to
pre -construction elevations. Neater depths in the area of marine events must be deep enough to
support at least 5 ft of yvater depth under the keel of a vessel and between the keel of a vessel and
Endangered Species Act listed coral colonies. if present, when transiting to the mooring areas
(Reference: JAXBO PDC A2.1.4.).
2. Educational Signs. For commercial. multi -family, orpublic facilities, and marine events,
signs must be posted as described below (Reference: These replicate JA;XBO i'DCs A.2.2 and
A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activit) 2 - Pile Supported
Structures and Anchored Buoys, starting; on page 112.):
a. (A2.2.) For commercial; multi -family, or public facilities, and marine events, signs must
be posted in a visible location(s), alerting; users of listed species in the area susceptible to
vessel strikes and hook -and -line captures. The most current version of the signs that must
be downloaded and sign installation guidance are available at:
(http: sero.�m7l�.ncrai. -.c>,..ti,)rrstected_resoruCcs!section^"./'.l�rc�tccted 1,c ies educatEii��taf s
inti °in3�,. hang). The signs required to be posted by area are stated below:
(1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine
mammal stranding networks and smalltooth sawfish encounter database.
(2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall
post the help Protect North Atlantic Right Whales sign.
(1) (A2.2.3.) On the east coast of Florida, projects located within the tit. Johns l,tiver and
those occurring north ofthe St. Johns River to the Florida-6corgia line shall post the
Report Sturgeon sign. On the west coast ol'Florida. projects occurring from the Cedar
Key. Florida north to the Florida -Alabama line.
3. Monofilament Recycling Bins. For commercial. multi -family. or public facilities.
monofilament recycling bins must be provided as described below (Rei rence: The below
replicates PDC A.2.3 within the table I'DC:s Specific to Activitv 2 - Pile Supported Structures
and Anchored Buoys, the PDC: itself on page 113 of the JAXBO.):
a. (A2.3.) For commercial, multi -family, or public facilities, monofilament recycling bins
must be provided at the docking facility to reduce the risk of turtle or sawfish
entanglement in, or ingestion of, marine debris. Monofilament recycling bins trust:
(1) (A2.3.1.) Be constructed and labeled according to the instructions provided at
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
htth;�7��c .tZ�vfe� c.com standards) so that they do not overflow.
4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(r�tt3clrtttcnt 27) describes the presence of North Atlantic eight whales in the area and the Federal
regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will
attach this document to their authorizations fi)r a dock project (new construction, repair. of -
replacement ' )
rreplacement) at a private residence located within 11 nautical miles of North Atlantic. right whale
critical habitat as measured in a radius from the center of the nearest inlet to open ocean
described by Attachment 29. the North Atlantic Right Whale Educational Sign Loner (from
Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).
5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with
the requirements of the U.S. Coast Guard O.e.. 33 C.F.R., chapter 1. subchapter C. part fib.
Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference:
JAXBO PDC A2.5.).
h. lighting for ducks installed within visible distance of ocean beaches. If lighting is necessary,
then turtle -friendly lighting shall be installed. "Turtle -friendly lighting is explained and examples
are provided on the Florida Fish and Wildlife Conservation Commission website:
Jilt :��'3��4 twc.c_oinfw�ildlifeltabitats!naan�u<;ed/sea-turtles/1'LIttinc/ (Reference: JAXBO PDC
A2.8.). --
7. Construction Location. Project construction shall take place from uplands or from floating
equipment (e.g., barge); prop or wheel -washing is prohibited (Reference: JAXBO PDC A2.9.).
8. Regarding submerged and emergent aquatic vegetation. the design and construction of a
Project must comply with the following:
a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an
artificial waterway that was excavated for boating access and is bordered by residential
properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal
counties except for Nassau, Duval. St Johns, F'lagler and Vohrsia north of Nonce inlet).
will be constructed to the- following standards:
(1) Must comply with or provide a higher level of protection than. the protective criteria in
thejoint I I.S. Army Corps ol' Frigineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor filing -Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV). Marsh or- Mangrove
1 labitat" updated November 2017 (Attacli37 en—i 5).
(2) In addition to (1), above, IF the project is within ranee ofJohnson's seagrass (the
ranee of Johnson's seagrass is defined as "Turkey C'reekTalin Bay south to central
Biscayne Bay in the lagoon systems on the east coast of Florida). "THEN the design
and construction shall comply Nvith, in some cases, the more restrictive requirements
within paragraph 8.c., below (Reference: JAXBO I'DC A2.17).
b. For all other Projects,
(1) Within the range of Johnson's seagrass (the range of Johnson's seagrass is defined as
Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the
east coast of Florida), the presence of submerged aquatic vegetation will be
determined utilizing the "Submerged Aquatic Vegetation Survey Guidelines"
(Attachnwnt 7). If no survey performed, aquatic vegetation. including Johnson's
seagrass, will be presumed to be present for purposes of this Special Condition.
(2) Outside the range of Johnson's seagrass but within the range of seagrass (estuarine
waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and
Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass
and tidal freshwater submerged aquatic vegetation will be determined using the
"Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7) unless a site visit
or aerial photography observes absence during the growing season (if water depth and
clarity allows) or aquatic vegetation has not been found in the vicinity in the past.
(3) file -supported structures, IF aquatic vegetation is present (including seagrass, tidal
freshwater submerged aquatic vegetation and emergent vegetation), Ti4EN must
comply with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor filing -Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat" updated November 2017 (Attachment 5).
(4) In addition to (l) to (3) above, IF the proposed dock or proposed structure is within
range of Johnson's seagrass (the range of Johnson's seagrass is defined as Turkey
Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast
of Florida), and IF the proposed dock or proposed structure falls within the following
scenarios, THEN the design and construction shall comply with, in some cases, the
more restrictive requirements within paragraph 8.c.,below. (Reference: The following
replicates "Scenario B" as defined within A2.17., PDCs for Docks or Other Minor
Structures of JAXBO.):
(i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as
the previous dock and:
(a) within Johnson's seagrass critical habitat with No Current seagrass survey
(completed no earlier than 1 year before submitting the application); or,
Johnson's seagrass under the dock; or. Native seagrass, other than Johnson's
seagrass, under the dock; or,
(b) within the Range of Johnson`s seagrass (outside of critical habitat) with No
current seeagrass survey or,Johnson"s seagrass under the dock.
(ii) Ne\v clocks or dock expansions and:
(a) within Johnson's seagrass critical habitat: or,
(b) within the Range of Johnson's seagrass (outside ofcritical habitat) with: No
current seagrass survey (completed no earlier than 1 year before submitting the
application) or, Johnson's seagrass within property limit.
c. The following additional restrictions apple when required by paragraphs 8.a.(2) or 8.b.(4).
above (Reference: The following replicates the "Dock PDC's for Scenario 13" within
A2.17. PDC:s fur Docks or Other Minor Structures of JAXBO.):
(1) To avoid and minimize impacts to Johnson's seagrass and native, non-listed seagrasses
to the maximum extent practicable:
(i) The dock must be positioned to avoid and minimize effects to Johnson's seagrass.
(ii) Over any area that contains Johnson's seagrass or native. non- listed seagrasses.
the dock shall be oriented in a north-south orientation to the maximum extent that
is practicable to allow maximum sunlight under the structure.
(iii)lf'practicable, terminal platforms shall be placed in deep water, waterward of
Johnson's seagrass Beds or native, non-listed seagrasses beds or in an area devoid
of Johnson's seagrass or native, non-listed seagrasses.
(iv)Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson's
seagrass to minimize direct impacts.
(v) files shall be installed in a manner that will not result in the formation of
sedimentary= deposits (e.g., donuts or halos) around the newly instal led pilings.
(vi)No covered boat lifts are allowed over any Johnson's seagrass.
(2) Decking options: Deck surfaces (parallel with the water) that are located waterward of
the M1J Wl., must be constructed of grated materials or plank construction or a
combination of the both _methods (e.g. plank decking, on the walkway and grated
decking on the terminal platform). "These decking options are described below:
(i;) For grated decking:
(a) Height requirement: The surface of the structure, including the dock walkwa\
(the over- water narrow portion connecting the terminal platform to the shore
and any over-water ramp required for access) and the dock, must be a
minimum of 3 ft above Ml1W when constructed with grated decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 160 ft'. Marginal docks are limited to a
width of 5 ft. The 5 ft width restriction is measured from wet side of the
seawall. For example, if a seawall cap is 3 feet overNvater then the dock would
be limited to 2 feet.
(c) Material description: Decking materials shaped in the form of grids, grates,
lattices, etc., to allow the passage of light through the open spaces. These
materials must provide a minimum of 43% open space.
(ii) For plank decking:
(a) height requirement: The surface of the structure, including the dock walkway
(the over- water narrow portion connecting the terminal platform to the shore
and any over-water ramp required for access) and the dock, must be a
minimum of 5 ft above Ml lW when constructed of plank decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 120 ft2. Marginal docks are limited to a
width of 5 ft.
(c) Material description: Deck boards mai be constructed ofanv material. Deck
Boards must be installed it) provide a minimum of a M-in dap bethv cen
individual deck boards.
d. Aids to Navigation in Acropora critical habitat. The distance trona Aids to Navigation
(AT()Ns) to ESA-listed corals and Acropora critical habitat shall ensure there are no
impacts to the corals or the essential feature of' Acropora critical habitat from the
movement of buoys and tackle. The appropriate distance shall be based on the sire of the
anchor chain or other tackle to be installed to secure the buoy to its anchor. particularly
when the design of the A'1'UN does not prohibit the contact of tackle with the marine
bottom. In all cases, buoy tackle will include flotation to ensure there is no contact
betNeen the anchor chain or line and the marine bottom (Reference:.1AXBO PDC
A2.10.).
General Conditions for Federal Authorization for SPGP V -R1
I. The time limit liar completing the work authorized ends on July 26, 2021.
?. You must maintain the activity authorized by this permit in good condition and in
c«nlirrmance Nvith the termfi and conditions of this permit. You are not relieved of this
requirement ifyou abandon the permitted activity, although you may make a good faith
transfer to a third part\° in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you dewire to abandon it without a good
Frith 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. Ifyou self the property associated with this permit, you must obtain the signature of the new
owner on the enclosed firm and forward a copy of the permit to this office to validate the
transter of this authorization.
S. lfa conditioned water quality certification has been issued for your project. you must
comph Ncith the conditions specified in the certification as special conditions to this permit.
0. You mist allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensue that it is being or has been accomplished in accordance with
the terms and conditions of your permit.
Further Information:
t. Limits of 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 ofothers.
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 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 w=ork.
C. Damage claims associated with any future ntodilication. suspension.or
revocation of this permit.
:. Reliance on Applicant's Data: The determination of this office that issuance ofthis
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 oil 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 Nvith the terns and conditions of this permit.
b. The information provided by you in support of your pernit 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 CHR 325.7 or
enforcement procedures such as those contained in 33 CFR R 320.4 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 terns and conditions of this permit will continue to be binding on
the new owners) 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 ,%york herein
authorized, or if, in the opinion of the Secretary of the .Army or hitt 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 -RI
Pl'.RMI"1'1'I :
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 he binding on the
neer owner(s) of the property. Althoggh the construction „period for works authorized by
Department of the Arniv permits is finite. the nerrnit itself. Nvith its limitations. does not expire.
To validate the transfer ofthis 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. Arm-, Corps of Engineers. Enforcement Branch, Past Office Box 4970. Jacksonville_ FL
22?2-0019,
(Transferee Signature)
(Name Printed)
(Street address)
(Mailing address)
(Cite. State, 'Lip Code)
(Date)
STANDARD MANATEE CONDITIONS FOR IN -WATER NVORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
Ei. All personnel associated with the project shall he instructed about the presence of manatces
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.
K All vessels associated with the construction project shall operate at "idle Speed/No Wake"
at all timeswhile 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 w=henever 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 manatec(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 w=ithin 50 feet of the operation.
Animals must not. be herded away or harassed into leaving.
c. Any collision with or injury to a manatee shall be reported immediately to the FWC Ilotline
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 lm _ eriledS)ecies(ic mvFWC.coin
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 f'or this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used (see MyFWJC.com/manatee).
One sign which reads Caution: Bowers 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.
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:
L. ;. Wildlife Alert:
1-8$8-404-FWCC (3922)
cel I * FWC or #FWC
T or
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 pennittee 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 f(ar harming, harassing, or killing sea turtles or smalltooth sawfish. which are
protected under the Endangered Species Act of 1973.
Siltation barriers shall be made of material in which a sea turtle or smalltooth saw -fish
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 wvake/idle" speeds
at all times while in the construction area and while in e=ater 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.
c. 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 ofany mechanical construction equipment shall cease immediately if sea turtle
or smalltooth sawfish is seen .within a 50 -ft radius of the equipment. Activities unay 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 itnmcdiately 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
t,jLerci)car-..iiiiitsser(c ,iloaa.L,o\ .
j. Sea turtle and marine stranding/rescue organizations' contact inibrmation is available by
region at htip�i`/v���w�.nmfs.noaa.ov/ r/he-althlnet�orks.htm.
k. Smalltooth sawfish encounters shall be reported to
htt.p:`;wwNN.1`imnh.ufi_edu/tisli/shat•ks/saA,fislt;saw islienc-Ounters.httn1.
1. All work must occur during daylight hours.
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