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HomeMy WebLinkAboutProject Information <> 1 6 ` Rick Scott Florida Department of Governor k° r Environmental Protection Carlos Lopez-Cantera • Lt. Governor ti Bob Martinez Center 2600 Blair Stone Road Jonathan P. Steverson Tallahassee,Florida 32399-2400 Secretary SELF CERTIFICATION FOR THE ADDITION OF A BOAT LIFT TO PRIVATE,RESIDENTIAL SINGLE-FAMILY DOCK F- -, LE COPY Self Certification File No.: 0349059001EE File Name: 413 Nettles Blvd Jensen Beach,FL 34957 - Self Certification Boat Lift(Aquatic Preserves) Dear SCOTT PETZ: On,-11/16/2016,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: 11.9835 LONG-Degrees: -80. Minutes: 13 Seconds: 11.789 SITE ADDRESS: 413 Nettles Blvd Jensen Beach,FL 34957 COUNTY: St. Lucie For: manny gulino 413 nettles bled." Jensen Beach,FL 34957 You have certified that the Boat Lift you propose to construct at the above location meets all the conditions of the Self Certification Process. A Boat Lift that is built in conformance to those conditions(attached for reference)will: 1. Qualify for a regulatory exemption under Section 403.813(1)(b)of the Florida Statutes.(F.S.)and Chapter 62-330,Florida Administrative Code(F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit. 2. Qualify for Consent by Rule or 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 solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed The certification is effective only t for the specific Boat Lift proposed,and only if the Boat Lift is constructed,operated,and maintained in conformance with all the terms,conditions,and limitations stated in the Self Certification Process.In addition,any substantial modifications in your plans should be submitted to the Department for review,as changes may result in a permit being required You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the Boat Lift is not completed within one year from the self certification daze, . 2. site conditions materially change; 3. the terms, conditions,and limitations of the Self Certification are not followed;or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self Certification constitutes authorization to use sovereignty/state-owned submerged lands,as required by rule 18-21.005,F.A.C. ADDITIONAL INFORMATION This Self Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies(federal,state,Water Management District,'or local)that may be required for the project Construction of the 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://�vww.saj.usace.army.mil/Missions/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:http://www.dep.state.fl.us/water/wetlands/docs/sler_contacts.pdf. When referring to your project, please use the Self Certification file number listed above. Sincerely, rF C , Y Florida Department of Environmental Protection ' "PL E Enclosures: FP Boat Lift Criteria Aquatic Preserves Boat Lift Criteria General Conditions for Sovereignty/State-Owned Submerged Lands Authorization Manatee Conditions Boat Lift Criteria: Private residential single boat lifts are subject to the following criteria in accordance with Section 403.813(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; 2. With other mooring will not result in the mooring of more than two vessels(including jet skis); 3. Will be built without adding new surface area to the dock such as walkways, gangplanks, or catwalks; 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; 5. Will not substantially impede the flow of water, cause water pollution,or create a navigational hazard; 6. 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 to all the following considerations for resources in accordance with Chapters 253,F.S, and 258, Part H,F.S. and Chapter 18-20 F.A.C.: 1. Cannot be placed in waters that are deeper than -4 ft MLW; 2. Will accommodate the proposed boat use in order to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the top of any submerged resources at mean or ordinary low water; 3. The dock,together with the boat lift, cannot extend waterward more than 500 feet or more than 20%of the width of waterbody(or 25%in Boca Ciega Bay or Pinellas County Aquatic Preserves), whichever is less; and 4. Mooring areas cannot be enclosed in whole or in part with walls, doors, screens or any other materials. General Conditions for Sovereignty/State-Owned Submerged Lands 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 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 courts decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities will be.constructed, operated, and maintained solely for water dependent purposes. 10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/state-owned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived,nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. 12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization,the authorization may be terminated by the Board after written notice to the applicant or its successors or assigns. Upon receipt of such notice,the applicant or its successors or assigns will have thirty(30) days in which to correct the violations.Failure to correct the violations within this period will result in the automatic revocation of this authorization. 13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board in writing of any change of address at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. Manatee Conditions LE COPY The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing, or 1 1 killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act, and the Florida Manatee Sanctuary Act. 2. All vessels associated with the construction project shall operate at"Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible 3. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations,including vessels, must be shutdown if a manatee(s)comes within 50 feet of the operation. Activities will not resume until the manatee(s)has moved beyond the 50-foot radius of the project operation,or until 30 minutes elapses if the manatee(s)has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. 5. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission(FWC)Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-562-3909)for south Florida, and to FWC at ImperiledSpecies@myFWC.com 6. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been.approved for this use by the FWC must be used. One sign which reads Caution:. Boaters must be posted. A second sign measuring at least R41/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above -Fi COPY Key' for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's Seagrass(Halophila johnsonii) National Marine Fisheries Service/U.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 known range of Johnson's seagrass occurrence but submerged aquatic vegetation(SAV)is present at the site. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps ofEngineers/National 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 conditions 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. Johnson's seagrass is present at the proposed construction site. Go to 5. 3b. Johnson's seagrass is not present at the proposed construction site. Go to 6. 4a. The construction is in an area designated by the National Marine Fisheries Service-Protected Resources Division(NMFS-PRD)as critical habitat2 for Johnson's seagrass. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001,except that light-transmitting materials2(LTMs)shall comprise 100%of all pedestrian surfaces waterward of the mean low water(MLW)line. 4b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001,except that LTMs shall comprise at least 75%.of all pedestrian surfaces waterward of the MLW line and a minimum 1- inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. 5a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001,except that LTMs 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 deckboards used waterward of the MLW line. 5b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps of Engineers/National Marine Fisheries Service,August 2001,except that all pedestrian surfaces directly over Johnson's seagrass areas shall be constructed of LTMs and a minimum This key was modified in October 2002 to change the percent light transmittance requirement of the grids from 46 to 43 as stipulated in Note#3. 1-inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. 6a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps of Engineers/National Marine Fisheries'Service,August 2001,except that a minimum 1-inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. 6b. The construction is not in an area designated by NMFS as critical habitat for Johnson's seagrass. Go to 7 7a. SAV other than Johnson's seagrass is present at the site. Use"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat" -U.S.Army Corps ofEngineers/National Marine Fisheries Service,August 2001. 7b. No SAV present. No construction conditions for SAV are necessary. Notes: is This key is meant to complement but not supersede the"Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation,Marsh or Mangrove Habitat-U.S. Army Corps of Engineers/National Marine Fisheries Service,August 2001. Docks incorporating light-transmitting materials shall not exceed the dimensions recommended in the Guidelines. Federal Register 65 FR 17786,April 5,2000,Designation of critical habitat for Johnson's seagrass. 3. Light-transmitting materials are made of various materials shaped in the form of grids,grates,lattices,etc.,to allow the passage of light through the open spaces. All light-transmitting materials used for dock construction in the known range of Johnson's seagrass'shall have a minimum of forty-three(43)percent open space. 'FILE This key was modified in October 2002 to change the percent light transmittance requirement of the grids from 46 to 43 as stipulated in Note#3.