The URL can be used to link to this page

Home My WebLink AboutDepartment of the Army Corps of Engineers Regulatory Division South Branch Palm Beach Gardens Section SAJ-1995-07875(NW P-RHF) Pelican Pointe Homeowner’s West Association, Inc c/o Brian Dimeo 1111 SE Federal Highway Stuart, FL 34994 Dear Mr. Dimeo: The U.S. Army Corps of Engineers (Corps) assigned your application for a Department of the Army permit, which the Corps received on March 2, 2020, the file number SAJ-1995-07875. A review of the information and drawings provided indicates that the work consists of after the fact authorization for construction of five (5) 4-foot by 24.5-foot finger piers in an existing marina. The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). This project is located within waters of the US adjacent to Pelican Pointe Drive, Section 22, Township 36 South, Range 41 East, Jensen Beach, St. Lucie County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 3. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2022. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 82, dated January 6, 2017, specifically pages 1983 to 2008, and the table of Regional Conditions. The Internet page address is as follows: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on “Source Book”; and, then click on “Nationwide Permits.” These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 3. Enclosed is a list of the six DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 April 6, 2020 -2- General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required. The following special conditions are included with this verification: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: a. For electronic mail (preferred): SAJ-RD- Enforcement@usace.army.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. The Permittee shall reference this permit number, SAJ-1995- 07875(GP-RHF), on all submittals. 2. Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attachment B) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self- Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. 3. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, -3- ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archaeologist and from the Corps. 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, -4- the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this Nationwide permit must qualify for an exemption under section 403.813(1), Florida Statutes or 373.406, Florida Statutes, or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, Florida Statutes, by the Department of Environmental Protection, a water management district under section 373.069, Florida Statutes, or a local government with delegated authority under section 373.441, Florida Statutes, and receive Water Quality Certification and applicable Coastal Zone Consistency Concurrence or waiver thereto, as well as any authorizations required for the use of state-owned submerged lands under Chapter 253, Florida Statutes, and, as applicable, Chapter 258, Florida Statutes. You should check State-permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter of authorization does not include conditions that would prevent the ‘take’ of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/ ) also maintains updated lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. -5- If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact me by telephone at 561-472-3526 or email at Robert.H.Fraley@usace.army.mil. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Sincerely, Trey Fraley Project Manager Enclosures cc: Agent: Danna Small, DLS Environmental Services CESAJ-RD-E GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on March 18, 2022. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ -1995-07875(NW-RHF) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or electronic mail at saj-rd- enforcement@usace.army.mil. ___________________________________ ___________________________ (TRANSFEREE-SIGNATURE) (SUBDIVISION) ___________________________________ _________ ____________ (DATE) (LOT) (BLOCK) __________________________ ___________________________________ (STREET ADDRESS) (NAME-PRINTED) ___________________________________ ___________________________________ (MAILING ADDRESS) ___________________________________ (CITY, STATE, ZIP CODE) SCALE: 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone: 772-215-3997 Fax: 772-879-4520 www.dlsenvironmentalservices.com Pelican Pointe West HOA, Inc. Pelican Pointe Drive Jensen Beach, Florida N.T.S.SHEET 1 ST. LUCIE COUNTY SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST PROJECT SITE PROJECT SITE FEB 2020 LOCATION MAP SCALE: 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone: 772-215-3997 Fax: 772-879-4520 www.dlsenvironmentalservices.com Pelican Pointe West HOA, Inc. Pelican Pointe Drive Jensen Beach, Florida PROJECT SITE N.T.S.SHEET 2FEB 2020 2018 AERIAL INDIAN RIVER SCALE: 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone: 772-215-3997 Fax: 772-879-4520 www.dlsenvironmentalservices.com Pelican Pointe West HOA, Inc. Pelican Pointe Drive Jensen Beach, Florida INDIAN RIVER WATERBODY WIDTH 10,950’± APPROX. MHW LINE MANGROVES ***NOTES*** -WORK CONSISTED OF REPLACING THE EXISTING FINGER PIERS (5 TOTAL) WITH 4’ X 24.5’ FINGER PIERS -ALL FINGER PIER PILES 8”Ø MARINE PILES –30 TOTAL -ALL PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON-LEACHING SYNTHETIC MATERIAL 1’ ABOVE MHW TO 1’ BELOW SUBSTRATE -ALL OTHER STRUCTURES WERE EXISTING –NO CHANGES OR REPLACEMENT REQUIRED OVERALL DOCK PLAN VIEW 15’ GRAPHIC SCALE 30’0’ 1” = 30’FEB 2020 SHEET 3 SCALE: 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone: 772-215-3997 Fax: 772-879-4520 www.dlsenvironmentalservices.com Pelican Pointe West HOA, Inc. Pelican Pointe Drive Jensen Beach, Florida FINGER PIER PLAN VIEW DETAIL 8” Ø ABOVE DECK MARINE PILES 4’ GRAPHIC SCALE 0’2’4’ 1” = 4’ 2” X 6” P.T. DECKING WITH 1/2“ SPACING BETWEEN DECK BOARDS FEB 2020 SHEET 4 24.5’ 8’ PLATFORM ***NOTES*** -WORK CONSISTED OF REPLACING THE EXISTING FINGER PIERS (5 TOTAL) WITH 4’ X 24.5’ FINGER PIERS -ALL FINGER PIER PILES 8”Ø MARINE PILES –30 TOTAL -ALL DECKING ON FINGER PIERS 2” X 6” P.T. WOOD DECKING –1/2“ SPACING BETWEEN DECK BOARDS SCALE: 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone: 772-215-3997 Fax: 772-879-4520 www.dlsenvironmentalservices.com Pelican Pointe West HOA, Inc. Pelican Pointe Drive Jensen Beach, Florida FINGER PIER CROSS SECTION VIEW 5.3’± MHW MLW SUBSTRATE 24.5’ 2” X 6” P.T. DECKING WITH 1/2“ SPACING BETWEEN DECK BOARDS FEB 2020 GRAPHIC SCALE 0’2’4’ 1” = 4’SHEET 5 ***NOTES*** -WORK CONSISTED OF REPLACING THE EXISTING FINGER PIERS (5 TOTAL) WITH 4’ X 24.5’ FINGER PIERS -ELEVATION DATUM IS MLW MHW = -0.33 NAVD 88 MLW = -1.33 NAVD 88 -ALL FINGER PIER PILES 8”Ø MARINE PILES –30 TOTAL -ALL DECKING ON FINGER PIERS 2” X 6” P.T. WOOD DECKING –1/2“ SPACING BETWEEN DECK BOARDS 4’± 4’± 15”±STEP DOWN Dated 9/18/2019 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ- - ( - ) 2. Permittee Information: Name: ____________________________________________ Email: ____________________________________________ Address: __________________________________________ __________________________________________ Phone: ___________________________________________ 3. Date Authorized Work Started: _________________ Completed: _______________ 4. Contact to Schedule Inspection: Name: ____________________________________ Email: ____________________________________ Phone: ___________________________________ 5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 6. Acreage or Square Feet of Impacts to Waters of the United States: _________________ 7. Describe Mitigation completed (if applicable): __________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date