HomeMy WebLinkAboutFDEP, Army corps of Engineers From-7654632601 1..765..463.2601 Thu Nov 10 16:55:21 2016 MST Page 1 of 19•
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Rick Scott
Florida Department of Governor
01
Q' "° �• °. 'X1V]IOl'IEtal ProtectionCarlos Lopez-Cantera
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`.�'�+'••.•'�y$~ Y,t.Governor
Bob Martinez Center
2600 Blair Stone Road Jonathan P. Steverson
p���+tt�1 pi��• Tallahassee,Florida 32399-240D Secretary-
RECEIVED ,4iN i ?
SELF CERTIFICATION FOR THE.ADDITION OF A BO�'1�'1�:
PRIVATE,RESIDENTIAL SINGLE-FAMILY D R NT _
510ES
CNR ES
REAR
SeldCertification File No.: 0344649001EE
File jName: 1293 Nettles Blvd Jensen Beaeb,FL 34957 ZN
-Self Certification'Boat Lift(Aquatic Preserves) TEC .
Dear Benjamin Rachwal:On,06101/2016,you used the Department's electronic Self Certification Process to
certify compliance with the terms and conditions necessary for the addition of a Boat Lift to a private,
residential single-family dock at a detached, single-family residence located at:
LAT-Degrees:27 Minutes: 17 Seconds: 1.6478
LONG-Degrees: -80 Minutes: 13 Secon& 12.1
SITE ADDRESS: 1293 Nettles Blvd Jensen Beach,FL 34957
COUNTY: St.Lucie
For:
Beijaudit Rachwal
1401 N 550 W
West Lafayette,IN 47906
Yot have certified that the Boat Lift you propose to construct at the above location meets all the conditiow
of t7�e Self Certification Process.A Boat Lift that is built in conformance to those conditions(attached for
reference)will:
Qualify fnr a regulatory exemption under Section 403.813(1)(b)of the Florida Statutes.(F.S)and
i Chapter 62-330,Florida Administrative Code (F.A.C.)..A.s such, it is exempt from the need to obtain a
DEP Environmental Resource Permit.
. Qualify for Consent f ifRule or 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 boat lift is
located on submerged lands owned by the State of Florida.
Your Self Certification is based sorely on the inforination you provided under this process,and applies only
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to the statutes and rules in effect when your certification was completed, a atr " 10, Ewe' only
for the specific Boat Lift proposed, and only if the Boat Lift is constructed,operated,and maintained in
conformance with all the terns,conditious,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.
Youihave aclmowledged that this Self Certification will automatically expire if.-
I.; Construction of the Boat Lift is not completed within one year from the self certification date;
2.I 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.
Co9pletion of the Self Certification constitutes your authorization for Department personnel to enter the
property for purposes of inspecting for compliance.
Receript of this Self Certification constitutes authorization to use sovereignty/state-owned submerged lands,as
required by rule 18 21.005,F.A.C.
A4MONAL MORMATION
This Self Certification Process does not relieve you from the responsibility of obtaining other permits or
autbtorizations from other agencies(federal,state,Water Management District,or local)that may be required
for the project. Construction of the Boat Lift may require federal authorization.The U.S.,Army Corps of
Engineers(Jacksonville District Regulatory Office)has been famished a copy of youi Self Certification
letter.They will contact you with further information about their process.If you do not hear from them,
please contact diem directly.The Jacksonville District contact information can be found at:
http://www.saj.us=.army.mil/Missiong/Regulatory.aspx.Failure to obtain all applicable authorizations prior
to constmction of the Boat Lift may result in enforcement.
If you have any questions,please contact your Iocal Department District Office. Contact informatiom can be
found at:httpJ/www.dep.state.fl.us/water/wetlands/dors/sler contacts.pdf When rebaft to yourproject,
please use the Self Certification file number listed above.
Sincerely,
Florida Department of Bnv ronmentai Protection
Enc)osures:
Boat Lift Criteria
Aquatic Preserves Boat Litt Criteria
General Conditions for Sovereignty/State-Owned Submerged Lauds Authorization
Manatee Conditions
Bolt Lift Criteria:
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Prryate residential single boat lifts are subject to the followitng criteria in accordance With Section '
4031813(1)(b),F.S.The boat lift:
1. Is to be installed in an existing slip or,at or adjacent to the waterward end of the dock;
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. With other mooring will not result in the mooring of more than two vessels(including jet skis);
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3 Wfll be built without adding new surface area to the dock such as j catwalks;
4. Will not be located in areas prolubited for mooring by a previously issued permit or other farm of
P authorization issued by a local government;
5' Will not substantially Impede the flow of water,cause water pollution,or create a navigational hazard;
6 is used ONLY for recreational,noncommexcial activities associated with the mooring or storage of ;
boats and boat paraphernalia;
Ag4atic Preserve Boat Lift Criteria:
All private residential single family boat lifts in Aquatic Pkeserves will be subject to all the following
congiderations 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 casure 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 tbian 500 feet or more than 20%of
ithe width of waterbody(or 25%in Boca.Ciega Bay or Pinellas County Aquatic Preserves),whichever
is less; and
4j. Mooring auras cannot be enclosed in whole or in part with walls,doors,screens or any other materials.
General Conditions for Sovereignty/State-Owned Submerged Lanch Authorization
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
I 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
f satisfaction of the Board of Trustees of the Internal Improvement Trust Fund(Board).
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.
. Authorizations under Rule 18 21.005,F.A.C.,may be modified,suspended or revoked io accordance
with its terms or the remedies provided in Sections 253.04,F.S.or Chapter 18-14,F.A.C.
. 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
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endangered,threatened or of special concern,as listed in Rules 68A 27'00 , A27' d,and
68A-27.005,F.A.C.
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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.,
71 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
Idilapidated 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 lauds.This duty to indemnify and Bold 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.
11. 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 autho ization,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.
11. 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.
Ma' atee Conditions
The following conditions are intended toprotect 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
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killing manatees which are protected under the Marine Mammal Pro tt� "fir tlz �iii g ered
Species Act,and the Florida Manatee Sanctuary Act,
2 All vessels associated with the construction project shall operate at"Idle Speed/No Waken at all times
while in the immediate area and while in water where the draft of the vessel provides less than a
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four-foot clearance fmm the bottom.All vessels will follow routes of deep water whenever possible
3: Siltation or turbidity barriers shall be made of material in wboich manatees cannot become entangled,
I shall be properly secured,and shall be regularly monitored to avoid manatee entanglement or
entrapment.Barriers must not impede manatee movement
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4[ .All on-site project personnel are responsible for observing water-related activities for the presence of
i manatee(s).All nay--water operations,including vessels,must be shutdown if a manatee(s)comes within
50 feet of the Operation.Activities will not xesutne 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.
51 .Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation ion Commission(FWC)Hotline at 1-888404-3922. 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 811YV by I V explaining the requirements for
"Idle Speed/No Wake" and the shut down of in-water operations trust be posted in a location
f prominently visible to all personnel engaged in water-related activities.These signs can be viewed at
IMyFWC.com/manatee.Questions concerning these signs can be sent to the email address listed above
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From 7654632601 1.765.463.2601 Thu Nov 10 16:55:-21 2016 MS n :7 0CPO,
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This SPGP Self Certification is based solely on the information you provided under this process,axed 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,
opeed, and maintained in conformance with all the terms, conditions, and limitations stated in the SPGP
Self Certification Process.This Self Certification will not apply Y
if an substantial modifications are;trade to
1�
thercject.You agree to contact the Department for review of any plans to construct additional structures or
to odify the proj mt,as changes may result in a permit being required.
Youj 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 1contract to construct was executed before July 25,2016,in which case the time limit for completing the
wor� 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 terrzms,conditions, and limitations of the Self Certification are not followed;or
411 the govemiung 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.
ADDMONAL 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/does/sler contacts.pdf.For further information,contact
the Corps directly at:http://www.saj.usace.army.mfl/Nbssions/R`egulatory.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 Smatltooth Sawfish Construction Conditions
CONDITIONS FOR DEPARTMENT OF THE`ARNff SELF CERTIFIED STATE
PROGRAMMATIC
GENERAL PERMIT FOR A PROJECT AT A PRIVATE,SINGLE-FAMILY RESIDENCE
General Conditions:
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11/1C1/LC110 1r3:�.3` lD�403L0 ) 11UJ1 UMM-UJ r MMMV1 Y tam 106/17
1. The time limit for completing the work authorized by the SPGP ends+at k. t,clt�y 5;�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.
21. 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 tbird 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
i 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 foi-listing in the National Register of Historic Places.
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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. Xf 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 ofmypermit.
' . 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.
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! 3. This permit does not authorize any injury to the property or rigbts of others.
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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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A/117/'L171b lb:Od lb34bJZb* UJbIUM1-LUb MAKM 'Y ly
liability for the following: 1
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 origiinal
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 diorective,this office may in certain situations
(such as those specified in 33 CFR 209.110)accomplish the corrective treasures 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.
KaiAatee 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 Florida Manatee Sanctuary Act. � 4
21 All vessels associated with the construction project will operate at"Idle Speed/No Wake"at all times
while in the-immediate area and while in water where the draft of the vessel provides less than a
I
four-foot clearance from the bottom.All vessels will follow routes of deep water whenever possible.
32 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 entanglemeut or
entrapment.Barriers must not impede manatee movement.
. 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 manatees)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.
. Temporary signs concerning manatees will be posted prior to and during all in-water project activities.
All signs are to be removed by the permittee upon completion of the project.Awareness signs that have
already been approved for this use by the Florida Fish and Wildlife Conservation Comi'nission(FWC)
must be used(see MyFWC.com).One sign which reads Caution;Boaters must be posted A second
sign measuring at least 8 112"by I I"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 NIHW/OHW as measured
froin 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 mmi mum extent that is practicable.
. Terminal Platforms:
' L 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
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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 MHW 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.
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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.
. 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 ofpilings through SAV beds will be a minimum of 10 feet on center.
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8. The gaps between deckboards will be a minimum of 1/2 inch.
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Mafsh and Mangroves Conditions:
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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.
. The location and alignment of the piling-supported structure should be through the narrowest area of
the mangrove fritage.
Sea'Turtle and Smalltootb Sawfish Construction Conditions
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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
th sawfish.All construction
ea es d smalltooth i species and the need to avoid collisions with s turd an sm 1
personnel are responsible for observing water-related activities for the presence of these species.
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21, 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 became
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 Marina 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 depmxted the project area of its own volition.
. Any collision with and/or i nJwy to a sea turtle or smalltooth sawfish will be reported immediately to
the National Marine Fisheries Service's Protected Resources Division(127-824.5312)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.
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From 7654632601. 1.765.463.2601 Thu Nov 10 16:.55:21 2016 MST Page 13 of 19
St! 1V/ LV1V 1V•JJ fVJ`.VJLV VVJI VI.11 LVJ 1 IU"11 V•O7V1 ��� 1 L iJf 1J
Kej for Construction Conditions for Docks or Other Minor Structures Constructed
in or Over Johnson's Seagrass(Halophila johnsonft)
National Marine.Fisheries ServicelU.S.Army Corps of Engineers '
October.2002
la. 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 k novm range of Johnson's seagrass occurrence-but
submerged aquatic vegetation(SAV)is present at the site. Use`Bock 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 ofEngineers/N'ational Marine
Fisheries Service,August 2001.
lc. The construction site is not within the range of Johnson's seagrass and SAV is not present at the
site:No construction condidans for SAV are necessary.
2a. Seagrass survey for Johnson's seagrass is performed at the proposed site during the April 1—
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. Jolmsoa's seagrass is present at the proposed construction site, Go to S.
3b. Johnson's seagrass is not present at the proposed construction site. Go to 6.
4a. Ile construction is in an area designated by the National Marine Fisheries Service-Protected
Resources Division(NMFS-PRD)as critical babitie for Johnson's seagrass. Use "Dock
Construction Guidelines in Florida for Docks or Other Winor 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
materials(LTMs)shall comprise 200%of all pedestrian surfaces waderward of the mean low
water(MLM line.
4b. The construction is not in an area designated by NWS-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 Engineer wINational Marine Fisheries,Service,August 2001,except that LTMs shall
comprise at least 73%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 MLW
line:
Sa. The construction is in an area designated by NWS-PRD as critical habitat for Johnson's seagrass.
Use "Dock Construction Guidelines in Florida far Docks or Other Minor Structures Constructed
in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S-Army Corps of
Engineers&ational Marine Fisheries Service,August 2001,except that LTs shall comprise at
least 75,%of all pedestrian surfaces waterward of the MLW line and a minimum 1-inch spacing
shall be,maintained between all wooden deckboank wed waterward of the ML i9 thm
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 far Docks or Other Minor Structures
Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat"-U.S.Army
j 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 stipnlated in Note 43.
I
From 7654632601 1.765.463.2601 Thu Nov 10 16:55:21 2016 MST Page 14 of 19
11/lb/ZUIb 18:bJ /b54bJZbI* UJbIUMVLU5 FHA Y F'.bt- 14/1y
1-inch spacing shall be maintained between all wooden deckboards used waterward of the
MLW Una
6a. The construction is in an area designated by NMI?S-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 Arny Corps of
Engineers/National Marine Fisheries Service,August 2001,except that at minimum 1-inch
spacing shall be maintained between aft wooden deckboards used waterward of the.iti ZW line.
6b. The construction is not in an area designated by NMFS as critical habitat far Johnson's seagrass.
Go to 7
j7a. SAV otber tban Johnson's seagrass is premt at the site. Use 'Doak Construction Guidelines in
Florida for Docks or Other Minor Structures Constnucted in or over Submerged Aquatic
Vegetation,Marsh orMangrove Habitat"- US.Army Corps of EngineerslWationalMarine
Fisheries Service,August 2001,
7b. No SAV present. No construction conditions for&4V are necessary.
Notes:
E Tiuks key is meant to complement but not supersede the`:Dock Construction Guidelines in Florida for Docks or
Other Mtnor Simcrures Constructed in or over Submerged EAqua c Yegetatton,Marsh or Mangrove Habitat-U.S
Army Corps of Engineers/National Marine Fisheries Service,Af4gust 2001_ pocks incorporating light-transmitting
materials shall not exceed the dimensions recommended in the GuldellAes.
z• Federal Register 65 rlt 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 passago of light through the open spaces. All light-transmitting materials used for dock construction in the
known range of Johnson's sengrms shall have a tniNmtum of forty-three(43)percent open spam
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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 Q.
From 7654632601 1.765.463.2601 Thu Nov 10 16:55:21 2016 MST Page. 15- of 19
SPGP Self Certification File No.: 0344649001EE
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.Aj�mgh the construction_neT' works ed by
Department of the Army 11ermits is finite,the permit itself with its limitation, dogg not Mire-
To validate the transfer of this SPGP Self Certification and the associated responsibilities associated
with compliance with its terns and conditions,have the transferee sign and date below and mail to
Enfgrcement Section,U.S.Army Corps of Engineers,Jacksonville District,P.O. Box 4970,Jacksonville,
Florida 32232-0019.
TRANSFEREE SIGNATURE SUBDIVISION
DATE LOT BLACK
NAME(PRINTED)
MAILING ADDRESS
CITY, STATE,ZIP CODE
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12/10/2019 18:53 765463 disfompLus maW 'ACHE 06/19
L
Rick Scott
o+oer: Governor
,e* .�, .. '�•, Florida DepartmeptVi#
•.i .ti+.w.a•.F �� �
a = ': EnVlrownenW Protection �7 Carlos Lopez-Cantera
• :°:""= Lt Governor
Bob Martinez Center
2600 Blair Stone Road Jonathan P.Steverson
Tallahassee,Florida 32399-2400 Secretary
FEDERAL SPGP SELF CERTMCATION FOR
A PROJECT AT A TRIVAT'E,SINGLE-FAMII.Y RESIDENCE
t
i
Self-Certification File Nb.: 0344649001EE
File-iN me. 1293 Nettles Blvd Jensen Beach,FL 34957
-Seif Certification Boat Lift(Aquatic Preserves)
Dear Benjamin Rachwal:On,06/0112016,you used the Flox ida Department of Environmental Protection's
electronic Self Certification Process to certify compliance with the terns and conditions of the Federal State
Programmatic General Permit(SPGP)Self Certification Process for a project at private,single-family
residenceI t:located a
LAT-Degrees:27 Minutes:l7 Seconds:3.6478
LONG-Degrees:-80 Minutes: 13 Seconds:12,1
S1*ADDRESS: 1293 Nettles Blvd Jensen Beach,FL 34957
COUNW:St.Lucie
For?
Berjamia llachwat
140 N 550 W West Lafayette,IN 47906
Yo have certified that the project you propose to construct at the above location meets all the conditions of
the�PGP Self Certification Process and will be built in conformance to those conditions(attached for:
re ence).Your proposed activity as certified is,in compliance with the SPGP program.U.S.Army Corps of
En ' eers(Corps)Specific conditions apply to your poi cot,attached.No farther permitting for tbfs
ac ' 'ty is required by the Corps,In the event of the,transfer of ownership of the property by sale or;by any
oth r means,when the strictures or work authorized by this SPGP Self Certification are still in existence at
the 'me the property is transferred,the terms and conditions of this SPGP Self Coji fication will continue to
be ' ding on the new ovvner(s)of the property. ,A,Xtb ev&the construction period for works authorized by
De -artment 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 subnutied to the Department at the time of transfer of ownership.The address is given below
on the attached transfer foram.
Frop 7654632601 65.463.2601 Thu Nov 10 16:55:21 20 ST e of ;TM y
1g/•10/2016 18:53 765463� CUSTO PLUS t. '82l19
K'J� ti
to the statutes and rules,in effect when your certification was completed.The ceitifification is effective only
for the specific Boat Lift proposed,and only if the Boat Lift is constructed,operated,and maintained in
conformance with all the temps,conditions,and limitations stated in the Self Certification Process.In
addipon,any substantial modifications in your plans,should be submitted to the Department for review,as
changes may result in a permit being%equired
Youihave a6nowledged that this Self Certification will automatically expire if:
1. Construction of the Boat Lift is not completed within one year from the self certification date;
2. site conditions materially change;
3.1 the terms,conditions,and limitations of the Self Certification are not followed;or
4. the governing stahites or Mes are amended before construction of the project.
Co9pletion 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 I TFORMATION
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 Boat Lift 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:
http://www.saj.usam.amy.miVMissions/Regulatory.aspx.Failure to obtain all applicable authorizations prior
to construction of the Boat Lift may result in enforcement.
If you have any questions,please contact your local Department District Office. Contact information can be
found at:htip://www.dep.state.f[.us/water/wetlands/dorstsler contacts.pd£When refeo ft to your project,
please use the Self Certification file amber listed above.
Sincerely,
Florida Department of Tnvironmental Protection
Enc)osures:
Boat Lift Criteria
Aquatic Preserves Boat Lift Criteria
General Conditions for Sovereignty/State-Owned Submerged Lands Authorization
Manatee Conditions
B4 Lift Criteria:
Pri�yate residential single boat lifts are subject to the follovsjug criteria in accordance wtth Section
443�813(1)(b),F S.The boat:W.
JJ,
1. Is to be installed in an existing slip or,at or adjacent to the waterward end of the dock;
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�. With other moodug will not result in the mooring of more than two vessels(including jet skis);
i
From 7654632601 1.765.463.2601 Thu Nov 10 16:55:21 2016 MST Page f '_ Z
3: WM be built without adding new surface area to the dock such as walkways; �gamgplanks,or catwalks;
4. Will not be located in areas prohibited for mooring by a previously issued permit or other fora of
authorization issued by a local government;
51 Will not substantially impede the flow of water,cause water pollution,or create a navigational hazard;
C. Is used ONLY for recreational,noncommercial activities associated with the mooring or storage of
boats and boat paraphernalia;
Aquatic Preserve Boat Lift Criteria:
All private residential single family boat lifts in Aquatic Preserves will be subject Wall the following
con3iderations:for resources in accordance with Chapters 253,F.S,and 258,Part II,F.S.and Chapter 18 20
F.Ak..
l Canpot 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;
.. 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
. Mooring areas cannot be enclosed in whole or in part with walls,doors,screens or any other materials.
General Conditions for Sovereignty/State-owned Submerged Lands Authorization
Any use of sovereignty/state--owned submerged bads is subject to the following general conditions that are
binding upon the applicant and are enforceable under Chapters 253 or 258,F.S.:
I. Sovereigaty/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
I 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
I satisfaction of the Board of Trustees of the Internal Improvement Trust Fund(Board).
. Authorization under Rule 18-21.005,F.A.C.,conveys no title to soverWguty/state-owned submerged
lands or water column.nor does it constitute recognition or acknowledgment of any other person's title
t to such land or water.
j
3. Autho6zations 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 1&14,F.A.C.
.I
. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.
5_ Construction„use or operation of tbe.structure or activity will not adversely affect any species which is.
I
Frout7654632601�5.463.2601 Thu Nov 10 16:55:21 201 Page 4 of 19
airav vo JL_ 404.0 LC. tou-00 WJ.O "rl_{J, r �a c A W.L.
�
endangered,threatened or of special concem,as hftd in Rules 68A 2 .00��44A 27 arad
6SA 27.005,F.A.C.
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6! Structures or activities will not unreasonably interfere with riparrian rights.When a court of competent i
I jurisdiction determines that tipaorian rights have been unlawfully affected,the structure or activity WM
I be modified in accordance with the coures decision.
i
Structures orr.activities will not create a navigational hazard.
S; 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 lodger functional.
9�. Stxuctimes or activities will be constract4 operated,and maintained solely for water dependent
purposes.
10. The applicant agrees to indemnify,defend and hold harmless the Board and the Stage of Florida from
all claims,actions,lawsuits and demands in any foam arising out of the authorization to use
sovereignty/state owned submerged lands or the applicants use and construction of structures on
sovereignty/state-owned submerged lauds.This duty to indemnify and bold harmless will include any
and all liabilities that are associated with the structure or activity including special assessments or taxes
brat are now or in the fit=assessed against the shuctaue or activity during the period of the
I autharizatiora.
1 L Failure by the Board to enforce any violation of the wAonivAom 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.
l j Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth
in the a>athoxixation zf 1he applicant or its successors or assigns fails or refuses to comply with the
provisions and conditions of the autbroraration,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)clays in which to correct the violations.Failure to correct
the violations within this period will result in the automatic rrevoc4hon oftlnis authorization.
11. All costs incurred by the Board in enforcing the teens and conditions of the authorization will be paid
by the applicant_Any notice required by law will be trade by certified maul at the address shown on
page one of the authorization.The applicant will notify the Board m writing of any change of address
at least ten days before the change becomes effiective.
14. This ation does not allow any activity prohibited in a conservation msemtent or restrictive
covenant of record that prohibits the activity.
i
Manatee Conditions
TbiLy
following conditions are intended to protect manatees firorm►direct project effects;THESE CONDITIONS
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 pmonnel that there are civil and criminal penalties for harming,h�or
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From 7654632601 1.765.463.2603. Thu Nov 10 16:55:21 2016 M
ldlling manatees which we protected under the Marine Mammal Protection Act,the Endangered
Species Act,aO the Florida Manatee Sanctuary Act.
"
at all times
2 All vessels associated with the co�astruction project shall operate at"Idle S peed/No wake
while in the�'==ediate area and white 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
I 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.
All on-site project personnel are responsible for observing water-related activities for the presence of:
manatee(s).All m water operations,including vessels,must be shutdown if a manatee(s)comes within
50 feet of the operation.Activities will not msume until the manatee(s)has moved beyond 1he 50-foot
radius of the project operation,or until 30 minutes elapses if the manatee(&)has not reappeated within
50 feet of the opexadom Anbuls must not be herded away or harassed into leaving.
51, 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 repotted to the U.S.Fisb 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
ImpadedSpmics@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 permit tee 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 811W'by I V explaining the requirements for
"Idle Speed/No Wake"and the shut down of in-water operations must be posted in a location
i prominently visible to all personnel engaged in water-related activities.These sighs can be viewed at
IMyFWC.com/manatee.Questions concerning these signs can be sent to the email address listed above.
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From 7654632601 1.76S.463.2601 Thu Nov 10 16:55:21 201.MST Page 7 of 39
YlI iVt LV1V .&IJ..J.J 9VJ`tVJLVVi %^.%JI%A'* LW t IWMM-ft\1t },
IVNl�. VtI iJ
This SPOP Self Certification is based solely on the information you provi under this process,and applies
only to the statues and rules in effect when your certification was completed.Yon have recognized that your
cerd fication is eve only for the specific project proposed,and provided the project its constructed,;
OM aIP4 and maintained in confonmmuce with all the germs,conditions,and limitations stated in the SPOP
Self Certification Process.This Self Certification will not apply if any substantial modifications are made to
the ject.You agree to contact the Department for review of any plans to construct additional structures or
to edify the project as obanges may result in a permit being required.
Youjhave aclmowledged*atthis Self Certification will automatically expire it
I J construction of the project is not completed by midnight,July 23,2016,unless construction commenced
or a�ovt ract to construct was executed before July 25,201 b,in which case the time limit for completing the
wor$authorized by the SPOP 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 cb mp;
3: the teons,conditions,and limitations of the Self Certification are not followed;or
41 the governing statutes or rules are amended before construction of the project.
Completion of the Self Certification constitutes your authorization for Department or Corps persormel'to
enter the property for purposes of inspecting for compliance.
ADDMONAL DWORMATION
This Self Certification Process does not relieve you from the respombility 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 cvushuction of the project may result n enforcement
If you have any questions,please contact year local Department District Office.Contact information 6w be
found at-http;//www dep.state.fl udwater/wedandddoodsler contacts.pdf For farther information,contact
the Corps directly at:httpglwww.saj-usace.aYmy mil/Missionsl VAstory aspx.When referlitng to your
project please use*e SPOP 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
Envir+ammital Protection State Programmatic General Permit,Section 10 of the Rivers and Harbor Act of
1899 and Section 404 of the Clean Water AW.
Enclosures:
General Conditions
Further Information
Manatee Conditions
Submerged Aquatic Vegetation Conditions
Marsh and Manproves Conditions
Sea Turtle and Smalltooth Sawfish Coustraction Conditions
CONDITIONS FOR DEPARTMENT OF THE"AMff SELF CERTIF=D STATE
PROGRAMMATIC
GENERAL PERMIT FOR A PROJECT AT A PRIVATE,SIpTGUF FAMILY RTSIAENCE
i
General Condidons:
I '
From 7654632601 1.765.463.2601 Thu Nov 10 16:55:21 2016 MST Page 8 of 19... s, q 0
211 10/G010 10:3J !00CM13LO01 %AJO I tAn'Lt= PT -VUgM.Y 00!17
1. the time limit for completJaig the work authorized by the SPGP ends ht July 25,2016,unless
construction commenced or a conbcact to construct was executed before July 25,2016,in which case
i the tine 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 f 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 pemoit from this office,
wbuch pray require restoration of the area.
3L If I disarm any previously mk nown historic or archeological remains while accomplishing tine
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 detem me,if the remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Wistoric Places.
�. If I sell the property associated with this permit,I must obtain the signature and wiling address of the
new owner in the space provided in the penrut and forward a copy of the permit to this office to
validate the transfer of this suthor�ation.
5. If a conditioned water quality ceztif ration has been issued for my project,I must comply with the
conditions specified m the certification as special conditions to this pearmuit.
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 teams and
conditions of my permit.
7�. The permittee understands and agrees tbot,if furore operations by the United States require the
removal,relocation,or other a1kration,of the structwres or work herein authorized, or it in the opinion
of the Secretary of the Army or his authorized representative,said structure or work will cause
u xuasonable obstnrction 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,
ftrtier Information:
1. Limits of this authorization.-
1. This permit does not obviate the need to obtain other Federal,Stafie,or local authofizatlions
required by lave.
i
2. This permit does not grant any property rights or exclusive privileges.
IThis permit does not authorize any injury to the property or rights of others.
4. This,permit does not authorize interference with any existing orproposed Federal projects
j
2. Lbmft of'Fedeml Livability.In issuing this permit,the Federal Government does not asswne any
765463260165.463.2601 Thu Nov10 16:55:21 20 P 9 €"
From :,
fiIlGILt71b J.ti:� �
3 (b*4bJZbVI � I�-� tly/jy
liability for ffie following
1. Damages to the permitted projector uses thereof as a result of other peer ditd or nnpermitted
a0fivities or from natural causes.
2. Damages to the permitted project or uses thewof as a result of current or fatum activities
undertaken by or on behalf of the United States in the public interest
3. Damages to persons,property,or to other permitted or wo Pwaitted activities or structures caused
by the activity authorized by this permit.
4. Design or cone ruction deficiencies associated with the permitted work,
5. Damage claims associated with any future modification,suspension,or revocation of this permit.
3. Relb ce on Applicimfs Data:The detamiaation of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the Wfov ation I provided
4. Reevaluation of Permit Decision:This office may reevaluate its decision on this penW at any time the
ckcumstamces warrant Circumstances that could require e a r eevaluaiaom 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 havo been false,
incomplete,or inaccurate(see 3 above).
3. Significant new information surfaces which this office did not consider is reaching the original
public interest"sitm.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
moMcabton,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as
• those oontamed in 33 CM 326 4 and 326.5.The referenced enforcement procedures Provide for the
issuance of an administr&ve order requiring I comply with the terrors and conditions of my permit and
for the initiation of legal act[on whm appropriate.I will be iced to pay for any corrective measures
ordered by this office,and if I fail to comply wi lh 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 eidstence at the tame the property is
transferred,the tunas and conditions of this permit will continue to be binding on the mw 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 Umsferee sign and date the transfer form attached
to the permit.
Xaf at.+ee Conditions:
. All personnel associated with the project will be imstrarteed about the presence of manatees and
manatee speed zones,and the need to avoid collisions with and injury to mom.The permittee will
advise all construction personnel that there are civil and criminal penalties for harming,harassing,or
killing manatees vftch are protected under the Marine Mammal Protection Act the Endangered
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Sp 'es Act,and the Florida Ma satee Sanctuary Act.
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All vessels associated with the construction prgMt will opm ft at"Idle Speed/No Wake°at all times
wlude in tare i t mediate 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 battlers 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-Sete project persormel are responsible for observing water-related activities for the presence of
manatee(s).All in-water operations,inch ding vessels,must be shutdown if a manatee(s)comes within
50 feet of the operation Activities will not resume until the manatees)has moved beyoad the 50-1oot
radius of the project operation,or until 30 minutes elapes if the manatee(s)has not reappeared within
50 feet of the operation.Animals must not be.herded away or harassed into leavi Ag.
S. 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 yildl&
Service in Jacksonville(1-904-731 3336)for north Florida or Vero Beach(1-772 562-3909)for south
Florida.
. Temporary signs concerning manatees will be posted prior to and during all in-water project activities.
All signs are to be removed by the permittiee upon completion of the project Awareness signs that have
already been approved for this use by the Florida Fish and Wildlife Conservation Cominission(FWC)
must be used(see MyFWC.eom).One sign which reads Caution:Boats must be posted.A second
i sign measuring at least 81)2"by I I"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 persomel
engaged in water-related activities.
Submerged Aquatic Vegetation Conditions:
1. Avoidance.The pil og-supported structure will be aligned so as to minimize the size of the footprint
over SALT beds.
2, 3'he height of piling supported structure will be a minimum of 5 feet above MEW/OHW as measured
from the top surface of the deckbW;,
3. The width of the piling-supported,structure is limited to a mwd muuoi of 4 feet A turnaround area is
j allowed for ptfitng-supMted sftctu=greater than 200 feet is length.The turnaround is wired 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 stnieture.
4. Over-SAV bed portions of the pilimg-suppnrted structure will be oriented in a north-south orientation to
thr,ma-daoaum extent that is practicable.
. Terminal Platforms:
1. If pombl%terminal platforms will be placed in deep water,waterward of SAV beds or in;an area
devoid of SA'V beds.
2. If a termmlial platform is placed over SAV areas and constructed of grated decking,the total size
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a.•aw�.vav ay..w .wwva.v�a an.r�....w•- ��. • .w•--ser• � S .+.� aa•a..
of the lattbm will be 11,wited to 160 AmL The declt' " ` "conform to'the
P �1�
specifications stipulated below.The c oma of the phi rmrn II 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 NIHW to facilitate boat access.The long axis
of the platform should be aligned in a north-south direction to the maximum eft that is
practicable.
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I If the temait'W plat form is placed over SAV eaves and cow of planks,the total size of the
platform will be limited to 120 square feet.The configuration of the platform will be a maximum
jof 6 feet by 20 feet of Whieb a minitmrm 4-foot wide by 20-foot long section will conform to the
5-foot height mquimment.A section may be placed 3 feet above N1HVW to facilitate boat access.
The 3 feet above MHW section will be cantilevered.The long axis of the platform should be
aligned is a north-south direction to the maximum extent that is practicable if the 3 feet above
MAW section is constructed with grating material,it may be 3 feet wide.
. Pilings will be installed in a manger which will not result in the formation of sedimentary deposits
("donuts"or"halos")around the newly installed pili W,Pile driving is the preferred method of
installation,but Jetting with a low pressure pump may be used.
71- The spacfAg of pilings through SAV beds will be a minimum of 10 feet on center.
S.. The gaps between deckboards will be a minimum of U2 inch.
Mafsh and Mangroves Conditions:
Marsh:
1. The piling-supported structure will be aligned so as to have the smallest over-marsh f*gnmt as
practicable.
2. The over-marsh portion of the piling supported will be elevated to at least 4 feet above the marsh,floor.
I 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 mquirment.
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Mamwoves:
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1. The width of the piling-supported structure is limited to a maximum of 4 feet.
2. Mangrove cleaving is resIncted to the width of the pliang-supported structure,
3A. The location and alignment of the pilimg supported structure should be through the narrowest area of
the mangrove fringe.
Sea'Turtle and Snud t+poth Sawfish Construction Conditions
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The perWttee wM comply wl#4 the fonowing Irrotft*& pecies construction conditioms:
1, The permittee wiU instract all personnel associated with the project of the potential presence of these
tartles and smalltooth sawfish.All constructiion
m avoid with sea. smalltoo i species and the need th
I personnel are responsible for observing water-related activities for the presence ofthese species
.
2 The permittee will advise all construction personnel that there,on,civil and al penalties for
harming,harassing,or kUmg sea turtles or smalltooth sav fL*which are protected under the
Fndaoagered 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 sectued,and be regularly moidtored to avoid protected species entrapment:
Barriers may not block sea turtle or smalltooth sawfish entry to or exit fiom designated critical habitat
without prior agreement from the National Marine Fisheries Service's Noteeied Resources Division,
St.Petersburg,Florida.
4. All vessels associated with the construction project will operate at"no wakelidie"speeds at all times
whale 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(eg.,
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 dm 50 feet of a _
sea turtle or smalltooth sawfish.Operation of any mechaniad 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 As own volition
. Any collision with and/or injury to a sea turtle or smalltooth sawfish will be reported immediately to
the National Marine Fisheries Semcels Protested Resomnes Dimion(727-824-5312)and the local
authorized sea turtle stranding/rescue grganization.
7. Any special construction conditions,required of your specific project,outside these general conditions,
if applicable,will be addressed in the primary consultation.
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Fran 7654632601*65.463.2601 Thu Nov 10 16:55:21. 201 T Page 13 of 19
iif iVf LV1V iV.JJ f VJ7VJLVVI VVJI L" LVad 1 I l %~Nf 1 fTA— iJf iJ
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Key'for Construction Conditions for Docks or Other Ntmer Structures ConstMeted
in or Over Johnson's Seagmas(SalophMa• okwotm)
National Marine Fisheries SordcelU.S.Army Corps of Engineers '
1
October 2002
' la. The construction site is within the knows range of Johnson's seasrass accumence(Sebastian Inlet
to ceoW Biscayne Bay in the lagoonal system on tho east coast of Florida). Go to 2.
1U. Tbi%constriction site is not within the known range of Jobason's seageass occurmm but
submerged aguetic vegetation(SAV)is present at the site. Use"Dock Co csuwamt GkWdbw in
Floridaforpocks or OdeiMmor Sdwctures Constricted in or over SubmergedAquatic
Vegemtion,Afivih orMangram Habitat'-rf.&Army Corps gfAgftem1Natlonal Marine
ftherim Service~August 2001.
le- The consmm ion site is not within the range of Johnson's seagrass and SAV is not present at the
site:No eonskm ion condiWxsforSAV are necessary.
29. Sawaas survey for Johnson's seagtam is performed at the proposed site dining the April 1—
August 31 mwing=won. Cho to 3.
2b. No survey for Johnson's seagrass is pm formed at the proposed site dnrwg the gmwing season,or a
survey is performed at the proposed site but is outside of the gwv*g season. Go to 4.
3a. Jobrbsau's sea®=is present at the proposed construction site. Go to S.
3b. Johnson's seagrass is notpr rot at the proposed congmctima site. Go to 6.
4a. The construction is in an=a designated by the National Maxiae Frsbmies Service-Protected
Resources Division(NMFSWRD)as critical babitSe foz Jdhis S S seagrasc. Use'Dock
COn*Vdiorn Grridelinas in Florida forpocks or Other dinar&ruch 'ef Conshvded in or ever
Submerged Aquatic Vegetation,Marsh orMmegr+ove Habitat"-U.S.Army Corps of
EngirremMadOwl Mar"F'SheriesSemce,August 2001,meept that f&4mmm ling
materfW(LTMs)shall cmg nw.100%of all pedestrian mrfacm whfntmd of d ke mean low
• water lMwJ Jere.
4b. The mustruction is not m an area designated by NUYS-PRU as critical habitat for Johnson's
seawm& Use Dock Construction Omddum jn Florida for Docks or OdurAfi morSYruatures
Constructed in or over Submerged Aquatic Vegetation.Marsh or Mangrove Hzb&W"-U.S.Army
Corps of RRVn8=4 Vational Marine Fisheries Service,August 2001,=ept that LTMs shaA
comptese at heat 75%ofaftpedeslrim wafaces warawodojtheMLWkae and a mkimml-
inch slraharngdmff he mauem aW betweaan all wooden deckbeards erase mhdarmand 4'theMLW fine-
Sa. The construction is in an area designated by NM F.S PRD as critical habitat for Dolma is seagrass.
Use"Dock Cmutrucdan Ghdd Umw in Florida for Docks or Odor Minor Stnrclures Constructed
m or oven•SubmergedAquatic Vegetation.Marsh orMarhgmve Habow -US Army O ps of
Engme Manorial Marine Fisheries Service,August 2001,accept trarLTMs shalt comprise at
leant 75%ofalip kstriarn surfaces watenwnrd ofibeMLWff ne and a nmmimwn I-&&spacing
shall be maft&ed betwom atl wvoders dadtboards area wa wwa d of dm D&Wfim&
5b. The construction is not m m area designated by NWS-PRD as critical hdb mt for Jobnson's
seagrass. Use"Dock Consirucam Guidelines uz Florzda,�Dacia or 0AerMlnor Sftcnwres
Con t ucted in or over Subme geddgnadc Vegetation;Mesh or M4r{g om Habitat"-U.S.Autry
i COW ofFm9meer INau0 not Marine Fisheries Scioto Aug=2001.creW owallpa kmWan
Swfacet directly Over JOhmmm'ss armsAW be mm&uc ad efLT!{fs and at mfeeilsemn
Tits key was muddied in Odubm 2M to change the patent light tranzmmftftnm requirement of the grm from
46 to 43 as stipulated in Note#3.
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From 7654632601 1.765.463.2601 Thu Nov 10 16:55:21 2016 MST Page 14 of 19
11/lb/Y-UIb lei:5S /b54bJ1bUI Ulzi I LNJILUA F HPJ4MAI,Y , ''' 14/1J
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i 1-hwh sag stroll be trrWnWked bdween all woodw g'erlkboards rrsed wawwmd of the
MLi�Orre: s
6a. The construction is in an area desipated by NAO&PRD as critical habitat for Johnson's seagrwL
Use"Dock Construction Gaiddlaw inAw da forpocks or Other!MinorStmeaves Construcied
in or over Submerged Aquatic Vegetation,Marsh orMwq mw Habitat"-U_S Army Corps of
Engmem National Marine Fisheries Service,August 2001,eft that a mlalmm I-mch
Wacmg stud!be tra7utaltted between aN wood m dedthoands awe warewand of the B=W lint~
6b. The eonshuctiou is not in an area designated by kaM as critical habitat for Johnson's se gma.
Goia7
U SAV other than Jolmsoa's seagtass is present at the site. Use "Dock Construction Guidelines in
F anAiforpocks or Other Minor SBrrterares Constructed m or over&boxerged Aquatic
Vegetation,Marsh orMangrove Habitat"-US Army Corps gfEnginevz&adonalMarine
Fisheries Service.August 2001.
7b. No SAV present. No construction condidawforSAVare necessary.
Notes:
This key is meant to complement but not sap mite:the",park C"stwtdbn Grridetine,in Ro4da16r Dorhs or
Odw WhorSvuctraxs Com zwted w or ow SubmwgvdAq=tk ftewdon,Marsh orMmWvvt 1{abitat-US
A-dV Corps of FSr kewxlNarioaal Ma nePahenes Semite.Argue 2UD1_ Vodw ucerpw%twg Trght-transmiffkg
waftdats shall not exceed the dimendens rewounended in the Gatdetin
Federal> ster 65 X+Jt 17786,April 5,2000,Deshpatiort of oritical habitat for Jobrlsoa's seamen.
Light-tr wanting ma mWe ate merle oioac=mates'&shaped in the form of grids,grates,lattiwL etc-,to nUaw
the paw of tight ttuavgh the open spate,An Bght-transmitting materials wed for dock eom troede n in the
!mown range of Johnson's Seagram AM have m1aft um of forty-three(43)percent open space.
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Thin key was modified in October 2M to ehnage.the percent light transmittance requirement of the grrdt from
dig to A.4 ae dinniif.A rs wm ai
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Fran 7654632601 5.463.2601 Thu Nov 10 16:55:21.201 Page 15 of 19
_a.�...�..�.., �... .....t.... ,.,. . .... M-
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SPGP Self Certificadon File No.:0344649001.EE
When the shuctures 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. Althoud the constrnctio period for works authorized by
pyartment of the =nib is fin' the V=ft itself with its limitation$dom not ex�i�e
To validate the transfer of tt&SPGP Self Certification ion and the associated responsibilities associated
with compliance with its t wns and conditions,have the hmsferee sip and date below and mail to
Enf9rcement Section,U.S.Army Corps of E freers,Jacksonville District,P.O.Box 4970,Jacksonville,
Florida 32232-0019.
TRANSFEREE SIGNATURE SUBDIVISION
DATE LOT BLOCK
NAME(PRINTED)
MAILING ADDRESS
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CITY,STATE,ZIP CODE
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