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Environmental Protection
Carlos Lopez-Cantera
Bob Martinez Center Lt. Governor
moo' °fie~ 2600 Blair Stone Road Ryan E.Matthews
'''eater v< Tallahassee,Florida 32399-2400 Interim Secretary
CONDITION FOR THE DEPARTMENT OF THE ARMY SEL { >�
PROGRAMMATIC GENERAL PERMIT FOR A PROJECT AT A P l ,`gTN� ILY
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Self Certification File No.: 0351426001EE
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General Conditions: ZNG.
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1. The time limit for completing the work authorized on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in conformance with
the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the
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permitted activity, although you may make a good faith transfer to a third parry in compliance with
General Condition 4 below. Should you wish to cease to maintain the authorized activity or should
you desire to abandon it without a good faith transfer,you must obtain a modification of this permit
from this office,which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the
activity authorized by this permit,you must immediately notify this office of what you have found.
We will initiate the Federal and State coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner
on the enclosed form and forward a copy of the permit to this office to validate the transfer of this
authorization.
5. If a conditioned water quality certification has been issued for your project,you must comply with
the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and
conditions of your permit.
Further Information:
1. Limits of this authorization:
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d.This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any
liability for the following:
a.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons,property, or to other permitted or unpermitted activities or structures caused
by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e.Damage claims associated with any future modification, suspension, or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time
the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive,this office
may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective
measures by contract or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the property is
transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)
of the property. To validate the transfer of this permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States require the
removal,relocation, or other alteration, of the structures or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters,the Permittee will be
required,upon due notice from the U.S.Army Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby,without expense to the United States.No claim shall
be made against the United States on account of any such removal,relocation or alteration.
Manatee Conditions:
1. All personnel associated with the project will be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee
will advise all construction personnel that there are civil and criminal penalties for harming,
harassing, or killing manatees which are protected under the Marine Mammal Protection Act,the
Endangered Species Act, and the Florida Manatee Sanctuary Act.
2. All vessels associated with the construction project will operate at"Idle Speed/No Wake" at all times
while in the immediate area and while in water where the draft of the vessel provides less than a
fourfoot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled,
will be properly secured, and will be regularly monitored to avoid manatee entanglement or
entrapment. Barriers must not impede manatee movement.
4. All on-site project personnel are responsible for observing water-related activities for the presence of
manatee(s). All in-water operations, including vessels,must be shutdown if a manatee(s) comes
within 50 feet of the operation.Activities will not resume until the manatee(s)has moved beyond the
50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)has not
reappeared within 50 feet of the operation. Animals must not be herded away or harassed into
leaving.
5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at
1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife
Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for
south Florida.
6. Temporary signs concerning manatees will be posted prior to and during all in-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
Commission(FWC) must be used(see MyFWC.com). One sign which reads Caution: Boaters must
be posted.A second sign measuring at least 8 %z"by 11" explaining the requirements for"Idle
Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently
visible to all personnel engaged in water-related activities.
Submerged Aquatic Vegetation Conditions:
1. Avoidance. The piling-supported structure will be aligned so as to minimize the size of the footprint
over SAV beds.
2. The height of piling-supported structure will be a minimum of 5 feet above MHW/OHW as
measured from the top surface of the decking.
3. The width of the piling-supported structure is limited to a maximum of 4 feet. A turnaround area is
allowed for piling-supported structures greater than 200 feet in length. The turnaround is limited to a
section of the piling-supported structure no more than 10 feet in length and no more than 6 feet in
width. The turnaround will be located at the midpoint of the piling-supported structure.
4. Over-SAV bed portions of the piling-supported structure will be oriented in a north-south orientation
to the maximum extent that is practicable.
5. Terminal Platforms:
a. If possible,terminal platforms will be placed in deep water,waterward of SAV beds or in an area
devoid of SAV beds.
b. If a terminal platform is placed over SAV areas and constructed of grated decking,the total size of
the platform will be limited to 160 square feet. The grated deck material will conform to the
specifications stipulated below. The configuration of the platform will be a maximum of 8 feet by 20
feet. A minimum of 5 feet by 20 feet will conform to the 5-foot height requirement; a 3 feet by 20
feet section may be placed 3 feet above 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.
c. 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
northsouth direction to the maximum extent that is practicable. If the 3 feet above MHW section is
constructed with grating material, it may be 3 feet wide.
6. Pilings will be installed in a manner which will not result in the formation of sedimentary deposits
("donuts" or"halos") around the newly installed pilings.Pile driving is the preferred method of
installation, but jetting with a low pressure pump may be used.
7. The spacing of pilings through SAV beds will be a minimum of 10 feet on center.
8. The gaps between deckboards will be a minimum of 1/2 inch.
Marsh and Mangroves Conditions:
1. Marsh:
a. The piling-supported structure will be aligned so as to have the smallest over-marsh footprint as
practicable.
b. The over-marsh portion of the piling-supported structure will be elevated to at least 4 feet above
the marsh floor.
c. The width of the piling-supported structure is limited to a maximum of 4 feet.Any exceptions to
the width must be accompanied by an equal increase in height requirement.
2. Mangroves:
a. The width of the piling-supported structure is limited to a maximum of 4 feet.
b. Mangrove clearing is restricted to the width of the piling-supported structure.
c. The location and alignment of the piling-supported structure should be through the narrowest area
of the mangrove fringe.
Sea Turtle and Smalltooth Sawfish Construction Conditions:
The permittee will comply with the following protected species construction conditions:
1. The permittee will instruct all personnel associated with the project of the potential presence of these
species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction
personnel are responsible for observing water-related activities for the presence of these species.
2. The permittee will advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish,which are protected under the
Endangered Species Act of 1973.
3. Siltation barriers will be made of material in which a sea turtle or smalltooth sawfish cannot become
entangled, be properly secured, and be regularly monitored to avoid protected species entrapment.
Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical
habitat without prior agreement from the National Marine Fisheries Service's Protected Resources
Division, St. Petersburg, Florida.
4. All vessels associated with the construction project will operate at"no wake/idle" speeds at all times
while in the construction area and while in water depths where the draft of the vessel provides less
than a four-foot clearance from the bottom.All vessels will preferentially follow deep-water routes
(e. g., marked channels)whenever possible.
5. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure its
protection. These precautions will include cessation of operation of any moving equipment closer
than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction
equipment will cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of
the equipment. Activities may not resume until the protected species has departed the project area of
its own volition.
6. Any collision with and/or injury to a sea turtle or smalltooth sawfish will be reported immediately to
the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the local
authorized sea turtle stranding/rescue organization.
7. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
8. Any collision(s)with and/or injuries to any whale, or sturgeon occurring during the construction of a
project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at
(727-824-5312).
9. Reports to NMFS's Protected Resources Division(PRD)may be made by email to
takereport.nmfsser@noaa.gov.
10. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
11. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
12. All work must occur during daylight hours.
Special Conditions:
1. For concrete piles installed by impact hammer:
a. The piles will be less than or equal to than 24 inches in diameter; and
b.Not more than 10 piles will be installed per day if in open water; or,
c.Not more than 5 piles will be installed per day in a confined space.A confined space is defined as
any area that has a solid object(e.g., shoreline, seawall,jetty) or structure within 150 feet of the pile
installation site that would effectively serve as a barrier or otherwise prevent animals from moving
past it to exit the area. This does not include objects such as docks or other pile-supported structures
that would not stop animal movement or significantly reflect noise.
2. Metal piles will NOT be installed by impact hammer.
3. The Permittee is responsible for obtaining any 'take'permits required under the U.S.Fish and
Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald
and Golden Eagle Protection Act. The Permittee should contact the appropriate local office of the
U.S.Fish and Wildlife Service to determine if such'take'permits are required for a particular
activity.
4. The Permittee is responsible for compliance with 50 CFR 224.103 prohibiting approach within 500
yards of a right whale,with limited exceptions.
5. Special Conditions Related to All Reviews and Authorizations are available at:
http://www.sai.usace.army.mil/Missions/Regulatory/Source-Book/and must be followed.
oparRick Scott
Florida Department of Governor
Environmental Protection
Carlos Lopez-Cantera
Bob Martinez Center Lt. Governor
^'o ors 2600 Blair Stone Road Ryan E.Matthews
''ante v< Tallahassee,Florida 32399-2400 Interim Secretary
TERMS AND CONDITIONS
Self Certification File No.: 0351426001EE
Construction Conditions:
Private residential single family docks are subject to the following criteria in accordance with Section
403.813(1)(b),F.S.
The dock to be constructed:
1. Has 1,000 square feet or less over water surface (includes adjacent wetlands) in accordance with
Chapter 62-340,F.A.C.;
2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging
other than that necessary to install the pilings;
3. Will not substantially impede the flow of water, cause water pollution, or create a navigational
hazard;.
4. Is used ONLY for recreational,noncommercial activities associated with the mooring or storage of
boats and boat paraphernalia;.
5. Is the sole dock on the parcel; and
6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the
activity.
Boat lifts are subject to the following additional conditions:
1. Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock;
2. With other mooring will not result in the mooring of more than two vessels(including jet skis);
3. Will not substantially impede the flow of water, cause water pollution, or create a navigational
hazard;
4. Will not be located in areas prohibited for mooring by a previously issued permit or other form of
authorization issued by a local government;
General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations:
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, F.S. or Chapters 258,
F.S.
1. Sovereignty/state-owned submerged lands may be used only for the specified activity or use.Any
unauthorized deviation from the specified activity or use and the conditions for undertaking that
activity or use will constitute a violation. Violation of the authorization will result in suspension or
revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the
satisfaction of the Board of Trustees of the Internal Improvement Trust Fund(Board).
2. Authorization under Rule 18-21.005,F.A.C., conveys no title to sovereignty/state-owned submerged
lands or water column,nor does it constitute recognition or acknowledgment of any other person's
title to such land or water.
3. Authorizations under Rule 18-21.005,F.A.C.,may be modified, suspended or revoked in accordance
with its terms or the remedies provided in Sections 253.04,F.S. or Chapter 18-14,F.A.C.
4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to
resources.
5. Construction,use, or operation of the structure or activity will not adversely affect any species which
is endangered,threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and
68A-27.005,F.A.C.;
6. Structures or activities will not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected,the structure or
activity will be modified in accordance with the court's decision.
7. Structures or activities will not create a navigational hazard.
8. Structures will be maintained in a functional condition and will be repaired or removed if they
become dilapidated to such an extent that they are no longer functional.
9. Structures or activities will be constructed, operated, and maintained solely for water dependent
purposes.
10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from
all claims, actions, lawsuits and demands in any form arising out of the authorization to use
sovereignty/stateowned submerged lands or the applicant's use and construction of structures on
sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include
any and all liabilities that are associated with the structure or activity including special assessments
or taxes that are now or in the future assessed against the structure or activity during the period of the
authorization.
11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any
provision of the authorization will not invalidate the provision not enforced or waived,nor will the
failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event
of a future violation of that provision.
12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set
forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with
the provisions and conditions of the authorization,the authorization may be terminated by the Board
after written notice to the applicant or its successors or assigns. Upon receipt of such notice,the
applicant or its successors or assigns will have thirty (30) days in which to correct the violations.
Failure to correct the violations within this period will result in the automatic revocation of this
authorization.
13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be
paid by the applicant.Any notice required by law will be made by certified mail at the address shown
on page one of the authorization. The applicant will notify the Board in writing of any change of
address at least ten days before the change becomes effective.
14. This authorization does not allow any activity prohibited in a conservation easement or restrictive
covenant of record that prohibits the activity.
Manatee Conditions:
The following conditions are intended to protect manatees from direct project effects; THESE
CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES:
1. All personnel associated with the project 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 Species Act, and the Florida Manatee Sanctuary Act.
2..All vessels associated with the construction project will operate at'Idle Speed/No Wake' at all times
while in the immediate area and while in water where the draft of the vessel provides less than a
four-foot clearance from the bottom.All vessels will follow routes of deep water whenever possible.
3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled,
will be properly secured, and will be regularly monitored to avoid manatee entanglement or
entrapment. Barriers must not impede manatee movement.
4. All on-site project personnel are responsible for observing water-related activities for the presence of
manatee(s). All in-water operations, including vessels,must be shutdown if a manatee(s) comes
within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the
50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)has not
reappeared within 50 feet of the operation.Animals must not be herded away or harassed into
leaving.
5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at
1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife
Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach(1-772-562-3909) for
south Florida.
6. Temporary signs concerning manatees will be posted prior to and during all in-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
Commission(FWC)must be used(see MyFWC.com). One sign which reads Caution:Boaters must
be posted. A second sign measuring at least 8 1/2'by I F 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.
Self-Certification Requirements:
The user agrees to the following:
1. The information provided herein is true and accurate.
2. Construction
stru tion of the project must be completed within one year from he
p J p Y
t self-certification date. If the
project cannot be completed within that time frame, or the project is to be modified,the Department
must be contacted for authorization requirements.
3. Any substantial modifications in the plans for this project must be submitted to the Department for
review, as changes may result in a permit being required.
4. This self-certification will automatically expire if site conditions materially change; if the terms,
conditions, and limitations of the self-certification are not followed; or if the governing statutes or
rules are amended before the project is completed.
5. Department personnel will be allowed to enter the property for purposes of inspecting the project for
compliance with the terms and conditions of this self-certification.
•
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
SPGP Self Certification File No.: 0351426001EE
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 properly. Although the construction period for works authorized by
Department of the Army permits is finite,the permit itself,with its limitations, does not expire.
To validate the transfer of this SPGP Self Certification and the associated responsibilities associated
with compliance with its terms and conditions,have the transferee sign and date below and mail to
Enforcement Section,U.S. Army Corps of Engineers, Jacksonville District,P.O.Box 4970, Jacksonville,
Florida 32232-0019.
TRANSFEREE SIGNATURE SUBDIVISION
DATE LOT BLOCK
NAME(PRINTED)
MAILING ADDRESS
CITY, STATE,ZIP CODE
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