HomeMy WebLinkAboutProject Information �1 S
Rick Scott
`as paaart ®
Florida Department of Govemor
Environmental Protection Carlos Lopez-Cantera
Lt. Governor
Bob Martinez Center
2600 Blair Stone Road Jonathan P. Steverson
,` ental <Q` Tallahassee,Florida 32399-2400 Secretary
FEDERAL SPGP SELF CERTIFICATION FOR
A PROJECT AT A PRIVATE,SINGLE-FAMILY RESIDENIP1SIE T'ER C5 .
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Self Certification File No.: 0343223001EE CPR S!D
File Name: 358 Nettles Blvd Jensen Beach,FL 34957 REAR
-Self Cert Exempt Dock(AP)
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Dear SCOTT PETZ: On,04/13/2016,you used the Florida Department of Environmental Protection's
electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State
Programmatic General Permit(SPGP) Self Certification Process for a project at private, single-family
residence located at:
LAT-Degrees: 27 Minutes: 17 Seconds: 16.724
LONG-Degrees:-80 Minutes: 13 Seconds:27.9756
SITE ADDRESS: 358 Nettles Blvd Jensen Beach,FL 34957
COUNTY: St.Lucie
For:
larry kebert
358 nettles blvd Jensen Beach,FL 34957
You have certified that the project you propose to construct at the above location meets all the conditions of
the SPGP Self Certification Process and will be built in conformance to those conditions(attached for
reference). Your proposed activity as certified is in compliance with the SPGP program.U.S. Army Corps of
Engineers(Corps) Specific conditions apply to your project, attached. No further permitting for this
activity is required by the Corps.In the event of the transfer of ownership of the property by sale or by any
other means,when the structures or work authorized by this SPGP Self Certification are still in existence at
the time the property is transferred,the terms and conditions of this SPGP Self Certification 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 SPGP Self Certification and the associated responsibilities associated with
compliance with its terms and conditions,the attached transfer of SPGP Self Certification request must be
completed and submitted to the Department at the time of transfer of ownership. The address is given below
on the attached transfer form.
FILE C " Y'
This SPGP Self Certification is based solely on the information you provided under this process, and applies
only to the statutes and rules in effect when your certification was completed. You have recognized that your
certification is effective only for the specific project proposed, and provided the project is constructed,
operated, and maintained in conformance with all the terms, conditions, and limitations stated in the SPGP
Self Certification Process. This Self Certification will not apply if any substantial modifications are made to
the project. You agree to contact the Department for review of any plans to construct additional structures or
to modify the project,as changes may result in a permit being required.
You have acknowledged that this Self Certification will automatically expire if:
1. construction of the project is not completed by midnight, July 25,2016,unless construction commenced
or a contract to construct was executed before July 25,2016, in which case the time limit for completing the
work authorized by the SPGP ends at midnight,July 25,2017. However,in no case can construction continue
for more than one year beyond the Self-Certification date;
2. site conditions materially change;
3. the terms, conditions, and limitations of the Self Certification are not followed; or
4. the governing statutes or rules are amended before construction of the project.
Completion of the Self Certification constitutes your authorization for Department or Corps personnel to
enter the property for purposes of inspecting for compliance.
ADDITIONAL INFORMATION
This Self Certification Process does not relieve you from the responsibility of obtaining other permits or
authorizations from other agencies (federal, state, or local)that may be required for the project. Failure to
obtain all applicable authorizations prior to construction of the project may result in enforcement.
If you have any questions,please contact your local Department District Office. Contact information can be
found at: http://www.dep.state.fl.us/water/wetlands/docs/sler_contacts.pdf.For further information, contact
the Corps directly at: http://www.saj.usace.army.mil/Missions/Reguiatory.aspx.When referring to your
project,please use the.SPGP Self Certification file number listed above.
Authority for review-an agreement with the U.S. Army Corps of Engineers entitled Coordination
Agreement between the U. S. Army Corps of Engineers(Jacksonville District) and the Florida Department of
Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of
1899 and Section 404 of the Clean Water Act".
Enclosures:
General Conditions
Further Information
Manatee Conditions
Submerged Aquatic Vegetation Conditions
Marsh and Mangroves Conditions
Sea Turtle and Smalltooth Sawfish Construction Conditions
CONDITIONS FOR DEPARTMENT OF THE ARMY SELF CERTIFIED STATE
PROGRAMMATIC
GENERAL PERMIT FOR A PROJECT AT A PRIVATE,SINGLE-FAMILY RESIDENCE
General Conditions:
1. The time limit for completing the work authorized by the SPGP ends at midmth� rul�5, ,0�1. :x es
construction commenced or a contract to construct was executed before July 25, which case
the time limit for completing the work authorized by the SPGP ends at midnight,July 25,2017.
However,in no case can construction continue for more than one year beyond the Self-Certification
date.
2. I must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. I am not relieved of this requirement if I abandon the permitted
activity, although I may make a good faith transfer to a third party in compliance with General
Condition 4 below. Should I wish to cease to maintain the authorized activity or should I desire to
abandon it without a good faith transfer,I must obtain a modification of this permit from this office,
which may require restoration of the area.
3. If I discover any previously unknown historic or archeological remains while accomplishing the
activity authorized by this permit,I must immediately notify this office of what I 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 I sell the property associated with this permit,I must obtain the signature and mailing address of the
new owner in the space provided in the permit 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 my project,I must comply with the
conditions specified in the certification as special conditions to this permit.
6. I 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 my permit.
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 will 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 will be made against the
United States on account of any such removal or alteration.
Further Information:
1. Limits of this authorization.
1. This permit does not obviate the need to obtain other Federal, State,or local authorizations
required by law.
2. This permit does not grant any property rights or exclusive privileges.
3. This permit does not authorize any injury to the property or rights of others.
4. 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
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liability for the following:
1. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
2. 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.
3. Damages to persons,property,or to other permitted or unpermitted activities or structures caused
by the activity authorized by this permit.
4. Design or construction deficiencies associated with the permitted work.
5. 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 I 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:
1. I fail to comply with the terms and conditions of this permit.
2. The information provided by me in support of my permit application proves to have been false,
incomplete, or inaccurate(see 3 above).
3. 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 I comply with the terms and conditions of my permit and
for the initiation of legal action where appropriate. I will be required to pay for any corrective measures
ordered by this office, and if I fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or
otherwise and bill me 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 transfer form attached
to the permit.
Manatee Conditions:
1. All personnel associated with the project will be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will
advise all construction personnel that there are civil and criminal penalties for harming,harassing,or
killing manatees which are protected under the Marine Mammal Protection Act,the Endangered
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Species Act, and the FloridaManatee Sanctuary Act.
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2. All vessels associated with the construction project will operate at"Idle Speed/No Wake" at all times
while in the immediate area and while in waxer where the draft of the vessel provides less than a
four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled,
will be properly secured, and will be regularly monitored to avoid manatee entanglement or
entrapment.Barriers must not impede manatee movement.
4. All on-site project personnel are responsible for observing water-related activities for the presence of
manatee(s). All in-water operations,including vessels,must be shutdown if a manatee(s)comes within
50 feet of the operation. Activities will not resume until the manatee(s)has moved beyond the 50-foot
radius of the project operation,or until 30 minutes elapses if the manatee(s)has not reappeared within
50 feet of the operation. Animals must not be herded away or harassed into leaving.
5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at
1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife
Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-562-3909)for south
Florida.
6. Temporary signs concerning manatees will be posted prior to and during all in-waxer project activities.
All signs are to be removed by the permittee upon completion of the project. Awareness signs that have
already been approved for this use by the Florida Fish and Wildlife Conservation Commission(FWC)
must be used(see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second
sign measuring at least 8 1/2" by 11" explaining the requirements for"Idle Speed/No Wake" and the
shut down of in-water operations must be posted in a location prominently visible to all personnel
engaged in water-related activities.
Submerged Aquatic Vegetation Conditions:
1. Avoidance. The piling-supported structure will be aligned so as to minimize the size of the footprint
over SAV beds.
2. The height of piling-supported structure will be a minimum of 5 feet above MHW/OHW as measured
from the top surface of the decking.
3. The width of the piling-supported structure is limited to a maximum of 4 feet. A turnaround area is
allowed for piling-supported structures greater than 200 feet in length. The turnaround is limited to a
section of the piling-supported structure no more than 10 feet in length and no more than 6 feet in
width. The turnaround will be located at the midpoint of the piling-supported structure.
4. Over-SAV bed portions of the piling-supported structure will be oriented in a north-south orientation to
the maximum extent that is practicable.
5. Terminal Platforms:
1. If possible,terminal platforms will be placed in deep water,waterward of SAV beds or in an area
devoid of SAV beds.
2. If a terminal platform is placed over SAV areas and constructed of grated decking,the total size
of the platform will be limited to 160 square feet. The grated deck material will conform to the
specifications stipulated below. The configuration of the platform will be a maximum of 8 feet
by 20 feet. A minimum of 5 feet by 20 feet will conform to the 5-foot height requirement; a 3
feet by 20 feet section may be placed 3 feet above NH-IW to facilitate boat access.The long axis
of the platform should be aligned in a north-south direction to the maximum extent that is
practicable.
3. If the terminal platform is placed over SAV areas and constructed of planks,the total size of the
platform will be limited to 120 square feet. The configuration of the platform will be a maximum
of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section will conform to the
5-foot height requirement. A section may be placed 3 feet above MHW to facilitate boat access.
The 3 feet above MHW section will be cantilevered. The long axis of the platform should be
aligned in a north-south direction to the maximum extent that is practicable. If the 3 feet above
MHW section is constructed with grating material, it may be 3 feet wide.
6. Pilings will be installed in a manner which will not result in the formation of sedimentary deposits
("donuts" or"halos")around the newly installed pilings. Pile driving is the preferred method of
installation,but jetting with a low pressure pump may be used.
7. The spacing of pilings through SAV beds will be a minimum of 10 feet on center.
8. The gaps between deckboards will be a minimum of 1/2 inch.
Marsh and Mangroves Conditions:
Marsh:
1. The piling-supported structure will be aligned so as to have the smallest over-marsh footprint as
practicable.
2. The over-marsh portion of the piling-supported will be elevated to at least 4 feet above the marsh floor.
3. The width of the piling-supported is limited to a maximum of 4 feet. Any exceptions to the width must
be accompanied by an equal increase in height requirement.
Mangroves:
1. The width of the piling-supported structure is limited to a maximum of 4 feet.
2. Mangrove clearing is restricted to the width of the piling-supported structure.
3. The location and alignment of the piling-supported structure should be through the narrowest area of
the mangrove fringe.
Sea Turtle and Smalltooth Sawfish Construction Conditions
The permittee will comply with the following protected species construction conditions:
1. The permittee will 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.
2. The permittee will 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.
3. Siltation barriers will 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.
4. All vessels associated with the construction project will 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.
5. 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 will be implemented to ensure its protection.
These precautions will 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 will 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.
6. Any collision with and/or injury to a sea turtle or smalltooth sawfish will 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.
7. Any special construction conditions,required of your specific project,outside these general conditions,
if applicable,will be addressed in the primary consultation.
-, V11 F
Keyl for Construction Conditions for Docks or Other Minor Structures Constructed
in or Over Johnson's Seagrass(Halophila johnsonit)
National Marine Fisheries Service/U.S.Army Corps of Engineers
October 2002
Ia. The construction site is within the known range of Johnson's seagrass occurrence(Sebastian Inlet
to central Biscayne Bay in the lagoonal systems on the east coast of Florida). Go to 2.
lb. The construction site is not within the known range of Johnson's seagrass occurrence but
submerged aquatic vegetation(SAV)is present at the site. Use `Dock Construction Guidelines in
Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic
Vegetation,Marsh or Mangrove Habitat"-U.S.Army Corps of Engineers/National Marine
Fisheries Service,August 2001.
le. The construction site is not within the range of Johnson's seagrass and SAV is not present at the
site:No construction conditions for SAV are necessary.
2a. Seagrass survey for Johnson's seagrass is performed at the proposed site during the April l—
August 31 growing season. Go to 3.
2b. No survey for Johnson's seagrass is performed at the proposed site during the growing season,or a
survey is performed at the proposed site but is outside of the growing season. Go to 4.
3a. Johnson's seagrass is present at the proposed construction site. Go to 5.
3b. Johnson's seagrass is not present at the proposed construction site. Go to 6.
4a. The construction is in an area designated by the National Marine Fisheries Service-Protected
Resources Division(NMFS-PRD)as critical habitat2 for Johnson's seagrass. Use `Dock
Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over
Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S.Army Corps of
Engineers/National Marine Fisheries Service,August 2001,except that light-transmitting
materialsz(LTMs)shall comprise 100%of all pedestrian surfaces waterward of the mean low
water(ML ff9 line-
4b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's
seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures
Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S.Army
Corps of Engineers/National Marine Fisheries Service,August 2001, except that LTMs shall
comprise at least 75%of all pedestrian surfaces waterward of the MLW line and a minimum I-
inch spacing shall be maintained between all wooden deckboards used waterward of the ML
line-
5a.
ine5a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass.
Use `Dock Construction Guidelines in Florida for Dockv or Other Minor Structures Constructed
in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S.Army Corps of
Engineers/National Marine Fisheries Service,August 2001,except that LTMs shall comprise at
least 75%of all pedestrian surfaces waterward of the AM line and a minimum 1-inch spacing
shall be maintained between all wooden:deckboards used waterward of the MLW line.
5b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's
seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures
Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S.Army
Corps of Engineers/National Marine Fisheries Service,August 2001,except that all pedestrian
surfaces directly over Johnson's seagrass areas shall be constructed of LTMs and a minimum:
This key was modified in October 2002 to change the percent light transmittance requirement of the grids from
46 to 43 as stipulated in Note#3.
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1-inch spacing shall be maintained between all wooden deckboards used waterward of the
MLW line.
6a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass.
Use `Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed
in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S.Army Corps of
Engineers/National Marine Fisheries Service,August 2001,except that a minimum 1-inch
spacing shall be maintained between all wooden deckboards used waterward of the ML line.
6b. The construction is not in an area designated by NDHS as critical habitat for Johnson's seagrass.
Go to 7
7a. SAV other than Johnson's seagrass is present at the site. Use `Dock Construction Guidelines in
Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic
Vegetation,Marsh or Mangrove Habitat"-U.S.Army Corps of Engineers/National Marine
Fisheries Service,August 2001.
7b. No SAV present. No construction conditions for SAV are necessary.
Notes:
1- This key is meant to complement but not supersede the "Dock Construction Guidelines in Florida for Docks or
Other Minor Structures Constructed in or over Submerged,4quatic Vegetation,Marsh or Mangrove Habitat-U.S.
Army Corps of Engineers/National Marine Fisheries Service,August 2001. Docks incorporating light-transmitting
materials shall not exceed the dimensions recommended in the Guidelines.
z' Federal Register 65 FR 17786,April 5,2000,Designation of critical habitat for Johnson's seagrass.
3_ Light-transmitting materials are made of various materials shaped in the form of grids,grates,lattices,etc.,to allow
the passage of light through the open spaces. All fight-transmitting materials used for dock construction in the
known range of Johnson's seagrass shall have a minimum of forty-three(43)percent open space.
This key was modified in October 2002 to change the percent light transmittance requirement of the grids from
46 to 43 as stipulated in Note#3.
cco
Florida Department of Governor
Environmental Protection Carlos Lopez-Cantera
Lt. Governor
Bob Martinez Center
2600 Blair Stone Road Jonathan P. Steverson
Tallahassee,Florida 32399-2400 Secretary
SELF CERTIFICATION FOR CONSTRUCTION OF
A PRIVATE,RESIDENTIAL SINGLE-FAMILY DOCK
Self Certification File No.: 0343223001EE
File Name: 358 Nettles Blvd Jensen Beach,FL 34957
-Self Cert Exempt Dock(AP)
Dear SCOTT PETZ: On,04/13/2016,you used the Department's electronic Self Certification Process to
certify compliance with the terms and conditions necessary for construction of a private,residential
single-family dock, at a detached, single-family residence located at:
LAT-Degrees: 27 Minutes: 17 Seconds: 16.724
LONG-Degrees:-80 Minutes: 13 Seconds:27.9756
SITE ADDRESS: 358 Nettles Blvd Jensen Beach,FL 34957
COUNTY: St.Lucie
For:
larry kebert
358 nettles blvd
Jensen Beach,FL 34957
You have certified that the dock you propose to construct at the above location meets all the conditions of the
Self Certification Process. A dock that is built in conformance to those conditions(attached for reference)
will:
1. Qualify for a regulatory exemption under Section 403.813(1)(b)of the Florida Statutes,(F.S.)and
Chapter 62-330,of the Florida Administrative Code(F.A.C.). As such,it is exempt from the need to
obtain a DEP Environmental Resource Permit.
2. Qualify for Consent by Rule or a Letter of Consent(as applicable)under Chapter 253,F.S and Chapter
18-21,F.A.C., (and Chapter 258,F.S. and Chapter 18-20,F.A.C.,if applicable),when the dock is
located on submerged lands owned by the State of Florida.
Your Self Certification is based solely on the information you provided under this process, and applies only
to the statutes and rules in effect when your certification was completed. The certification is effective only
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for the specific dock proposed, and only if the dock is constructed,operated, and ai tamed iii c'onformance
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with all the terms, conditions, and limitations stated in the Self Certification Process. In addition,any
substantial modifications in your plans should be submitted to the Department for review, as changes may
result in a permit being required.
You have acknowledged that this Self Certification will automatically expire if.
1. Construction of the dock is not completed within one year from the self certification date;
2. site conditions materially change;
3. the terms, conditions, and limitations of the Self Certification are not followed; or
4. the governing statutes or rules are amended before construction of the project.
Completion of the Self Certification constitutes your authorization for Department personnel to enter the
property for purposes of inspecting for compliance.
Receipt of this Self Certification constitutes authorization to use sovereignty/state-owned submerged lands,
as required by rule 18-21.005,F.A.C.
ADDITIONAL INFORMATION
This Self Certification Process does not relieve you from the responsibility of obtaining other permits or
authorizations from other agencies(federal, state,Water Management District, or local)that may be required
for the project. Construction of the dock may require federal authorization. The U.S.Army Corps of
Engineers (Jacksonville District Regulatory Office)has been furnished a copy of your Self Certification
letter. They will contact you with further information about their process.If you do not hear from them,
please contact them directly. The Jacksonville District contact information can be found at:
hq://-vvww.saj.usace.army.mil/IvEssions/Regulatory.aspx. Failure to obtain all applicable authorizations prior
to construction of the dock may result in enforcement.
If you have any questions,please contact your local Department District Office. Contact information can be
found at: http://www.dep.state.fl.us/water/wetlands/docs/sler contacts.pdf. When referring to your project,
please use the Self Certification file number listed above.
Sincerely,
Florida Department of Environmental Protection
Enclosures:
Single Family Dock Criteria
Boat Lift Criteria
Aquatic Preserve Boat Lift Criteria
Aquatic Preserves Dock Criteria
General Conditions for Sovereignty/State-Owned Submerged Lands Authorization
Manatee Conditions
Private residential single family docks are subject to the following criteria in accordance with Section
403.813(1)(b),F.S.The dock to be constructed:
1. Has 500 square feet or less over wetlands and other surface waters(as delineated in accordance with
Chapter 62-340,F.A.C.);
2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging
other than that necessary to install the pilings;
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3. Will not substantially impede the flow of water, cause water pollution,or create a navigational hazard;
4. Is used ONLY for recreational,noncommercial activities associated with the mooring or storage of
boats and boat paraphernalia;
5. Is the sole dock on the parcel; and
6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the
activity.
Boat lifts are subject to the following additional conditions:
1. Is to be installed in an existing slip or, at or adjacent to the waterward end of the dock;
2. With other mooring will not result in the mooring of more than two vessels(including jet skis);
3. Will not be located in areas prohibited for mooring by a previously issued permit or other form of
authorization issued by a local government,
Aquatic Preserve Boat Lift Criteria
All private residential single family boat lifts in Aquatic Preserves will be subject to all the following
considerations for resources in accordance with Chapters 253,F.S, and 258,Part II,F.S. and Chapter 18-20
F.A.C.:
1. Cannot be placed in waters that are deeper than-4 ft MLW;
2. Will accommodate the proposed boat use in order to ensure that a minimum of one foot clearance is
provided between the deepest draft of a vessel and the top of any submerged resources at mean or
ordinary low water;.
3. The dock,together with the boat lift, cannot extend waterward more than 500 feet or more than 20%of
the width of waterbody(or 25%in Boca Ciega Bay or Pinellas County Aquatic Preserves),whichever
is less; and
4. Mooring areas cannot be enclosed in whole or in part with walls, doors, screens or any other materials.
Aquatic Preserve Dock Criteria:
All private residential single family docks in Aquatic Preserves will be subject to all the following
considerations for resources in accordance with Chapters 253,F.S,and 258,Part II,F.S. and Chapter 18-20
F.A.C.:
1. No dock will extend waterward of the mean or ordinary high water line more than 500 feet or 20
percent of the width of the waterbody at that particular location,whichever is less.
2. Certain docks fall within areas of significant biological,scientific,historic or aesthetic value and
require special management considerations. The Board will require design modifications based on site
specific conditions to minimize adverse impacts to these resources, such as reldcatmgdocks^to avoid
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vegetation or altering configurations to minimize shading.
3. Docking facilities will be designed to ensure that vessel use will not cause harm to site specific
resources(mangroves, seagrasses, corals, etc). The design will consider the number, lengths, drafts,
and types of vessels allowed to use the facility.
4. Any main access dock will be limited to a maximum width of four(4)feet;
5. The dock decking design and construction will ensure maximum light penetration, with full
consideration of safety and practicality;
6. The dock, including mooring areas,will extend out from the shoreline no further than to a maximum
depth of minus four(-4) feet(mean low water);
7. When the water depth is minus four(-4)feet(mean low water) at an existing bulkhead the maximum
dock length from the bulkhead will be 25 feet, subject to modifications accommodating shoreline
vegetation overhang;
8. Terminal platform size will be no more than 160 square feet;
9. In areas with the presence of any natural resource attributes(as determined during the spring-summer
growing season)the following criteria apply:
a. Wood planking used to construct the surface of the dock will be no more than eight inches
wide and spaced no less than one-half inch apart after shrinkage;
b. When the dock surface is to be constructed of material other than wood,the dock will be
designed to provide light penetration which meets or exceeds the light penetration provided by
wood construction;
c. The main access walkway will be elevated a minimum of five(5)feet above mean or ordinary
high water;
d. If a terminal platform terminates an area with the presence of any significant natural resource
attributes the platform will be elevated to a minimum height of five(5)feet above mean or
ordinary high water. Up to 25 percent of the surface area of the terminal platform will be
authorized at a lower elevation to facilitate access between the terminal platform and the waters
of the preserve or a vessel; and
e. The dock to be constructed will have adequate existing water depths in the boat mooring,
turning basin, access channels, and other such areas which will accommodate the proposed boat
use in order to ensure that a minimum of one foot clearance is provided between the deepest
draft of a vessel and the top of any submerged resources at mean or ordinary low water,
11. All of the dock and mooring areas will be set back a minimum of 25 feet inside the riparian rights line
of the upland property from which the dock is constructed; and
12. The dock will be designed to moor no more than 2 vessels.
General Conditions for Sovereignty/State-Owned Submerged Lands Authorization
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Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are
binding upon the applicant and are enforceable under Chapters 253 or 258,F.S.:
1. Sovereignty/state-owned submerged lands may be used only for the specified activity or use. Any
unauthorized deviation from the specified activity or use and the conditions for undertaking that
activity or use will constitute a violation.Violation of the authorization will result in suspension or
revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the
satisfaction of the Board of Trustees of the Internal Improvement Trust Fund(Board).
2. Authorization under Rule 18-21.005,F.A.C., conveys no title to sovereignty/state-owned submerged
lands or water column,nor does it constitute recognition or acknowledgment of any other person's title
to such land or water.
3. Authorizations under Rule 18-21.005,F.A.C., may be modified, suspended or revoked in accordance
with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14,F.A.C.
4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.
5. Construction, use, or operation of the structure or activity will not adversely affect any species which is
endangered,threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and
68A-27.005,F.A.C.
6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent
jurisdiction determines that riparian rights have been unlawfully affected,the structure or activity will
be modified in accordance with the court's decision.
7. Structures or activities will not create a navigational hazard.
8. Structures will be maintained in a functional condition and will be repaired or removed if they become
dilapidated to such an extent that they are no longer functional.
9. Structures or activities will be constructed, operated, and maintained solely for water dependent
purposes.
10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from
all claims, actions, lawsuits and demands in any form arising out of the authorization to use
sovereignty/state-owned submerged lands or the applicant's use and construction of structures on
sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any
and all liabilities that are associated with the structure or activity including special assessments or taxes
that are now or in the future assessed against the structure or activity during the period of the
authorization.
11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any
provision of the authorization will not invalidate the provision not enforced or waived,nor will the
failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of
a future violation of that provision.
12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth
in the authorization.If the applicant or its successors or assigns fails or refuses to comply with the
provisions and conditions of the authorization,the authorization may be terminated by the Board after
written notice to the applicant or its successors or assigns. Upon receipt of such notice,the applicant or
its successors or assigns will have thirty(30) days in which to correct the violations.Failure to correct
the violations within this period will result in the automatic revocation of this authorization.
13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be paid
by the applicant. Any notice required by law will be made by certified mail at the address shown on
page one of the authorization. The applicant will notify the Board in writing of any change of address
at least ten days before the change becomes effective.
14. This authorization does not allow any activity prohibited in a conservation easement or restrictive
covenant of record that prohibits the activity.
Manatee Conditions
The following conditions are intended to protect manatees from direct project effects;THESE CONDITIONS
APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES:
1. All personnel associated with the project 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.
2. 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
3. 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.
4. All on-site project personnel are responsible for observing water-related activities for the presence of
manatee(s). All in-water operations,including vessels,must be shutdown if a manatee(s)comes within
50 feet of the operation. Activities will not resume until the manatee(s)has moved beyond the 50-foot
radius of the project operation,or until 30 minutes elapses if the manatee(s)has not reappeared within
50 feet of the operation. Animals must not be herded away or harassed into leaving.
5. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission(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
6. 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 FWC must be used. One sign which reads Caution:
Boaters must be posted. A second sign measuring at least 8 iL'/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. These signs can be viewed at
MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above