HomeMy WebLinkAboutWater Management Approval SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Regulation Division
May 3, 2017 � $-� '
Michael McDonald MAY 1 7 2017
3909 Shoreside Drive.
Fort Pierce, FL 34950 St. Lucia c, ; ;
Subject: Exemption for McDonald Dock
Application No. 170420-25,
Exemption No. 56-03563-P
St. Lucie County
Dear Mr. McDonald:
The South Florida Water Management District (District) has reviewed the
information submitted for a 348 square feet single family dock at 3909 Shoreside
Drive and has determined that the proposed the proposed project is exempt from the
requirement to obtain an Environmental Resource Permit, pursuant to rule
62-330.051(5)(b), Florida Administrative Code.
Activities which qualify for this exemption must be conducted and operated using appropriate
best management practices and in a manner which does not cause or contribute to a water
quality violation pursuant to Chapters 62-302 or 62-4, Florida Administrative Code.
This letter does not relieve you from the responsibility of obtaining other permits (federal,
state or local) which may be required for the project.
The determination that this project qualifies as an exempt activity may be revoked if the
installation is substantially modified, if the basis for the exemption is determined to be
materially incorrect, or if the installation results in violation of state water quality standards.
Any changes made in the construction plans or location of the project may necessitate a
permit from the District. Therefore, you are advised to contact the District before beginning
the project and before beginning any work in wetlands which is not specifically described in
the submittal.
DISTRICT HEADQUARTERS: 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • (800)432-2045
Mailing Address: PO BOX 24680 West Palm Beach FL,334164680
LOWER WEST COAST SERVICE CENTER:2301 McGregor Boulevard,Fort Myers,FL 33901 •(239)338-2929• (800)248-1201
OKEECHOBEE SERVICE CENTER: 3800 N.W.16c6 Blvd,Suite A,Okeechobee,FL 34972 •(863)462-5260 • (800)2504200
ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway,Suite 200,Orlando FL 32809 • 5 6100• (800)250-4250
5IE m V1. , .
5/3/17
Michael McDonald
McDonald Dock, Application No. 170420-25
May 3, 2017
Page 2
The notice of determination that the project qualifies as an exempt activity constitutes final
agency action by the District unless a petition for administrative hearing is filed. Upon timely
filing of a petition, this Notice will not be effective until further Order of the District.
Should you have any questions concerning this matter, please contact Jose Vega at (863)
462-5260 ext. 3011 or email at ivega(cDsfwmd.gov.
Sincerely,
�C
For Ricardo A. Valera
Chief, Environmental Resource Permitting Bureau
South Florida Water Management District
RAV/jv
Enclosure
cc: Bruce Jerner
Saint Lucie County Environmental Resource Department- Amy Griffin
NOTICE OF RIGHTS
As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which
may be available for administrative hearing or judicial review when the substantial interests of a party are
determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not
all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to
consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District's
(SFWMD or District) action has the right to request an administrative hearing on that action pursuant to
Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or
may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the
SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of
the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of
consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and
use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of
an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency
decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or
intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency
action. Any person who receives written notice of a SFWMD decision and fails to file a written request for
hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action which materially differs from the noticed intended agency decision,
persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule
28-106.111, Fla. Admin. Code, point of entry.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply
therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause,
grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing
a petition for hearing. Such requests for extension shall contain a certificate that the moving party has
consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to
or oppose the extension. A timely request for an extension of time shall toll the running of the time period for
filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings
with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not
be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during
normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach,
Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District
holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of
8:00 a.m. on the next regular business day. Additional filing instructions are as follows:
• Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm
Beach, Florida 33406.
Rev. 11/08/16 1
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to
the SFWMD's security desk does not constitute filing. It will be necessary to request that the
SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's
Clerk's office will receive and file the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk(cDsfwmd.gov. The filing
date for a document transmitted by electronic mail shall be the date the Office of the District Clerk
receives the complete document. A a who files a document by e-mail shall (1) represent that the
p party
original physically signed document will be retained by that party for the duration of the proceeding
and of any subsequent appeal or subsequent proceeding in that cause and that the party shall
produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or
interruption of the electronic signals and accepts the full risk that the document may not be properly
filed.
INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla.
Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible
form and on 81/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action being contested, including the permit number, application number, SFWMD
file number or any other SFWMD identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of the petitioner
and petitioner's representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency
determination.
4. A statement of when and how the petitioner received notice of the SFWMD's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
warrant reversal or modification of the SFWMD's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the SFWMD's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of how the
alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the
SFWMD to take with respect to the SFWMD's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and
28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under
Section 120.573, Fla. Stat., at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party
who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing
a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set
forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk
of the appropriate district court of appeal.
Rev. 11/08/16 2
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ENGINEERING REVIEW.
BOAT LIFT TOP CARRIER BEAMS AND NOTE TO EXAM/ENGINEERED
NG
MOUNTING BRACKETS COMPLY WITH WIND THIS CERTIFIEDHAS ENG/N PREPARED
LOAD REQUIREMENTS OF THE 2014 FLORIDA ORAW/NG HAS BEEN PREPARED
BUILDING CODE, PER ASCE 7, AND PER SPECIFICALLY FOR USE ONLY BY.
DESIGN LOAD REQUIREMENTS OF THE 2010
ALUM/NUM ASSOCIATION'S DESIGN MANUAL.
BEAMS AND MOUNTING BRACKETS
INSTALLED PER HI—TIDE INSTRUCTIONS, WILL °°ppppp0ppp pppppa00pOOO
EXCEED ULTIMATE DESIGN WIND SPEED OF
180 MPH (EXPOSURE CATEGORY C OR D) °o°°° f�, R e 7 °OOO°
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BOATS ARE TO BE REMOVED FROM BOAT
LIFTS PR/OR TO A MAJOR WIND EVENT. Q. NO 43M5 p
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SUB—SURFACE CONDITIONS CAN
VARY GREATLY, THE CONTRACTOR
SHALL VERIFY ALL PILE
CAPACITIES TO COMPLY WITH
FBC 2014. ALL PILINGS TO BE ROGER BABER
P.E. NO. 43855
8" MINIMUM DIAMETER
MCR PROFESSIONAL ENGINEERING
2.5 C.C.A PRESSURE TREATED C.A. NO. 26967
WOOD, PRE—STRESSED CONCRETE 1014 NW P/NELAKE DR.
OR COMPARABLE EQUIVALENT. STUART, FL 34994
• PILING MOUNTING TABS
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BOLTS FOR WOOD PILING OR
SS CONCRETE ANCHORS FOR
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8.8 AMPS 0 115V EACH twp D/A. SS CARRIAGE BOLT FOR
4.4 AMPS 0 230V EACH ATTACHING MOUNTING TAB TO
QUANTITY: 2 LIFT REQUIRED PER PILING.
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FROM 1/4" X 2" ALUM/NUM
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DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4400 PGA Boulevard,Suite 500
n�
Palm Beach Gardens,Florida 33410
June 20 2017
REPLY TO
ATTENTION OF
Regulatory Division
South Permits Branch
Palm Beach Gardens Permits Section
SAJ-2017-01590 (RGP-CGK)
Michael McDonald
3909 Shoreside Drive
Fort Peirce, Florida 34950
Dear Mr. McDonald:
Your application for a Department of the Army permit received on May 31, 2017, has
been assigned number SAJ-2017-01590. A review of the information and drawings
provided shows the proposed work is to (1) construct a 347.5 square foot wood dock,
consisting of a 4 foot by 47 foot access pier and a 14.5 foot by 11 foot terminal platform
and (2) install a 12.5 foot by 12.5 foot boat lift on the north side of the terminal platform.
The project would affect waters of the United States associated with the Indian River
adjacent to 3909 Shoreside Drive, in Section 23, Township 34 South, Range 40 East,
Fort Peirce, St. Lucie County, Florida.
Your project, as depicted on the enclosed drawings (Attachment A), is authorized by
Regional General Permit (GP) SAJ-20. This authorization is valid until March 22, 2018.
Please access the Corps' Jacksonville District Regulatory Division Internet page to view
the special and general conditions for SAJ-20, which apply specifically to this
authorization. The Internet URL address is:
http://www.saj.usace.army.mil/Missions/Regulatory.aspx
Please be aware this Internet address is case sensitive; and, you will need to enter it
exactly as it appears above. Once there you will need to click on "Source Book"; and,
then click on "General Permits". Then you will need to click on the specific SAJ permit
noted above. You must comply with all of the special and general conditions of the
permit; and, any project-specific conditions noted below, or you may be subject to
enforcement action. The following project-specific conditions are included with this
authorization:
1. Self-Certification Statement of Compliance: Within 60 days of completion
of the work authorized, the enclosed "Self-Certification Statement of Compliance"
must be completed and submitted to the U.S. Army Corps of Engineers. Email
the completed form to: CESAJ-ComplyDocs@usace.army.mil or mail the
to Division Special Projects and Enforcement
completed form to the Regulatory ,
P
g ry P J
a 33410
Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florid
P
0
11.
C
-2-
2. 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, 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.
3. Turbidity controls:
a. Shall be used throughout construction to control erosion and siltation
and ensure that turbidity levels within the project area do not exceed
background conditions.
b. Shall be made of material in which listed species cannot become
entangled (i.e., reinforced impermeable polycarbonate vinyl fabric [PVC]),
and shall be monitored to ensure listed species are not entangled or
trapped in the project area.
c. Shall be removed promptly when the work is complete and the water
quality in the project area has returned to background conditions.
d. Shall not block entry to or exit from designated critical habitat
4. Dock Construction Guidelines: The Permittee shall comply with 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 (Attachment B).
5. Piling Installation: Installation of pilings greater than 24 inches in diameter,
or installation of any size metal piling or sheet piling by mechanical impact
hammer is prohibited. All metal piling(s) shall be driven manually.
6. Manatee Conditions: The Permittee shall comply with the enclosed
(Attachment C) "Standard Manatee Conditions for In-Water Work — 2011."
7. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply
with National Marine Fisheries Service's (Attachment D) "Sea Turtle and
Smalltooth Sawfish Construction Conditions" dated March 23, 2006.
-3-
8. 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, 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 Archeologist 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 Archeologist
and from the Corps.
-4-
This 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 NWP/RGP permit must qualify for an exemption under
section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable
permit required under Part IV of Chapter 373, F.S., by the Department of Environmental
Protection, a water management district under section 373.069, F.S., or a local
government with delegated authority under section 373.441, F.S., and receive Water
Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence
(CZCC) or waiver thereto, as well as any authorizations required for the use of state-
owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S.
You should check State-permitting requirements with the Florida Department of
Environmental Protection or the appropriate water management district.
This 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 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.
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 and RGP, please contact
Christian Karvounis electronically at Christian.Karvounis@usace.army.mil or by
telephone at 561-472-3516.
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
-5-
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,
KARVOUNIS° NZSH mANGEO
PGEIs)snl]26
.CHRISTIAN.MC-Us' US,
Govern LW_W.
GEORGE.15 o
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Christian Karvounis
Project Manager
Enclosures:
Attachment A: Project Drawings
Attachment B: Dock Construction Guidelines
Attachment C: Manatee Conditions
Attachment D: Sea Turtle and Smalltooth Sawfish Conditions
Copies Furnished:
Bruce Jerner Jerner@bellsouth.net
• •
GENERAL CONDITIONS
33 CFR PART 320-330
1. The time limit for completing the work authorized ends on the dates identified in the
letter.
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 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 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.
SELF-CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: RGP-20
Application Number: SAJ-2017-01590
Permittee's Name & Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started: Date Work Completed:
PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO
TO SCHEDULE AN INSPECTION PLEASE CONTACT
AT
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks,
dredging,
etc.):
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
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
Date
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2017-01590 (GP-CGK)
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.
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
(DATE) (LOT) (BLOCK)
(STREET ADDRESS)
(NAME-PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
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Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in
or over Submerged Aquatic Vegetation(SAV),Marsh or Mangrove Habitat
U.S.Army Corps of Engineers/National Marine Fisheries Service
August 2001
Submerged Aquatic Vegetation:
1. Avoidance. The piling-supported structure shall be aligned so as to minimize the size of the footprint over SAV beds.
2. The height of piling-supported structure shall 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 shall be located at the
midpoint of the piling-supported structure.
4. Over-SAV bed portions of the piling-supported structure shall be oriented in a north-south orientation to the maximum
extent that is practicable.
5.a. If possible,terminal platforms shall 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 shall
be limited to 160 square feet. The grated deck material shall conform to the specifications stipulated below. The
configuration of the platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to
the 5-foot height requirement;a 3 feet by 20 feet section may be placed 3 feet above Nf W 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 shall be
limited to 120 square feet. The configuration of the platform shall be a maximum of 6 feet by 20 feet of which a
minimum 4-foot wide by 20-foot long section shall 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 shall 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 3feet above MHW
section is constructed with grating material,it may be 3 feet wide.
6. One uncovered boat lift area is allowed. A narrow catwalk(2 feet wide if planks are used,3 feet wide if grating is
used)may be added to facilitate boat maintenance along the outboard side of the boat lift and a 4-foot wide walkway
may be added along the stem end of the boat lift,provided all such walkways are elevated 5 feet above MHW. The
catwalk shall be cantilevered from the outboard mooring pilings(spaced no closer than 10 feet apart).
7. Pilings shall 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.
8. The spacing of pilings through SAV beds shall be a minimum of 10 feet on center.
9. The gaps between deckboards shall be a minimum of inch.
Marsh:
Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials.
February 2003—Manufacturer name changed from ChemGrate to FiberGrate
May 2003-The terms dock and pier were removed and replaced by the term piling-supported structure,to clarify our intent.
March 2008—Added requirement for 43%open space in grids;added additional manufacturer of grating.-
1. The piling-supported structure shall be aligned so as to have the smallest over-marsh footprint as practicable.
2. The over-marsh portion of the piling-supported shall be elevated to at least 4 feet above the marsh floor.
3. The width of the piling-supported is limited to a maximum of 4 feet. Any exceptions to the width must be
accompanied by an equal increase in height requirement.
Mangroves.
1. The width of the piling-supported structure is limited to a maximum of 4 feet.
2. Mangrove clearing is restricted to the width of the piling-supported structure.
3. The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove
fringe.
Grid Specifications and Suppliers
The following information does not constitute a U.S.Army Corps of Engineers endorsement or advertisement for
any particular provider and is provided only as an example for those interested in obtaining these materials for
piling-supported structure construction. 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 in construction for minor piling-supported structures shall have a minimum of forty-three(43)
percent open space.
A type of fiberglass grate panel is manufactured by SeaSafe(Lafayette,LA;phone: 1-800-326-8842)and FiberGrate
(1-800-527-4043). A type of plastic grating is manufactured by ThruFlow Interlocking Panels(1-888-478-3569).
Plastic grate panels are also distributed by Southern Pine Lumber Company(Stuart,FL;772-692-2300). Panels are
available in a variety of sizes and thicknesses. For safety,the grate should contain an anti-slip texture which is
integrally molded into the top surface. The manufacturer or local distributor should be consulted to ensure that the
load-bearing capacity of the selected product is sufficient to support the intended purpose. Contact the
manufacturer(s)for product specifications and a list of regional distributors.
Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials.
February 2003—Manufacturer name changed from ChemGrate to FiberGrate
May 2003-The terms dock and pier were removed and replaced by the term piling-supported structure,to clarify our intent.
March 2008—Added requirement for 43%open space in grids;added additional manufacturer of grating.-
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. 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.
C. 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.
d. 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.
e. 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(a)myFWC.com
f. Temporary signs concerning manatees shall be posted prior to and during all in-water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8 '/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.
CAUTION : MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE �
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee : �
Wildlife Alert:
� N 1-888-404-FWCC (3922)
cell * FWC or #FWC
� dp1T er�
l y4A UNITED STATES DEPARTMENT OF COMMERCE
•-- % National Oceanic and Atmospheric Administration
k " NATIONAL MARINE FISHERIES SERVICE
O � ` Southeast Regional Office
TES Of O'
263 13th Avenue South
St.Petersburg,FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall 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.
b. The permittee shall 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.
c. Siltation barriers shall 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.
d. All vessels associated with the construction project shall 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.
e. 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 shall be
implemented to ensure its protection. These precautions shall 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 shall 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.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall 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.
g. Any special construction conditions,required of your specific project,outside these general
conditions,if applicable,will be addressed in the primary consultation.
Revised:March 23,2006
O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc
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