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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 oft -414 \ y;4P' 3 to a Ali, v i. `t74 'l .1 , ' ..fir',. •^M YeVv:•1. � .,• k -z +�4t r r 46 Exhibit Created •n: ST LUCIE COUNTY, FL Exhibit No: 1 2017-04-21 Application r • ' Be • •• Application Number: 170420-25 r.ory r 0 7 TARPON oCFANIQtJ m N ° FLATS �. .®0 3909 SHORESIDE DRIVE 5F jJL t eo�,ia` enmi.�: N Jack Island Prvwrw State • D ,�e�r° Z P07* f Q Pepper it 0. Pn4 �. A I Oe O O O THE MERIDIAN o s ► LUCI ,e N St Lucie 81vd tr i - hla��grv.�` fart P,+erce ta�fat State • 3 < Island Park NORTH BEACH 1rrn cfl y O W MCD O NA L D Jerner&Associates,Inc. SHEET 1 3909 SHORESIDE DRIVE - -� Mari ErtvironmcntalConsulting Date: 4/17/17 2537 SE Alfonso Ave. Port St Lucie,FL 34952 FORT PIERCE J ph(772)283-2950 ERNER@BELLSOLITH.NET MANMADE WATERWAY SEA GRASS SUREIVEY PERFORMED 130'WIDE TOTAL DOCK AREA = 348 SQ FT BY BRUCE JERNER ON APRIL 14, 2017. NO SEA GRASS OBSERVED WITHIN 50'RADIUS OF PROJECT SITE m 1 ,.r.•• "Ir•. 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SHEET 2 -- Marine&Environmental Consulting Date: 4117117 3909 SHORESIDE DRIVE 2537 SE Alfonso Ave. Port St.Lucie,FL34952 Ph(772)2 FORT PIERCE �� J SOU 0 ERNER@BELLSOUTH.NET 40r& Pier Section Thru Pier Plan View , Live Load 40 lbs./Sq Ft m Dead Load 5 lbs./Sq Ft K VARIES SGL Bolts, Nut, Washers 5/8"H.D.----------- :� _............ _ -• ^• - N Galy. Or S.S. (304)w O Nut Full Threaded -'-'-'7'T VARIES —"2"x 6"SYP, .40ACQ 1 r /"X 6"Lags for Decking#1 Grade w Stringers Minimal plank spacing. i • D • • Fasten w#10 3"SS(304) Screws, 2 per Stringer iur �I I� k CD �' 2"x 8"P.T SYR .40 fy ACQ treated stringers to O -� n o be butt jointed, butt O /�Ly� joints to be staggered. - - - - - - - - 2"x 8"P.T. SYP, .40 Z ACQ treated DBL bents + O N GRADE Stingers 24" R W& Min. 8"Dia. 2.5 O.C.Max N CCA treated piles CENTER STRINGERS TIED U1 DOWN WITH 2"X 4"X 12"0.40 • TREATED PINE W 2PC 3"SS SCREWS @ EA MEMBER Pilings jetted to a minimum depth of 6'and as necessary to provide adequate bearing and stability (Q (D W H H O W McDONALD - Jerner&Associates,Inc. SHEET 3 3.709 SHORESIDE DRIVE _ Marine Environmental Consulting Date: 4/17/17 2537SEAlonsoAve. Port St.Lucie,FL34952 FORT PIERCE _. .-__�_ Pl�(n2)z83-�9so VIZ i JERNER@BELLSOUTH.NET • Fort Pierce folet State Park q �` �" Navy UDT-SEAL — _ Museum 0 77 Fort Pierce • Inlet State RecreationDaw Area- P.E.�'��•� a _ :.l r , !` 14b2 Hartman Rod! w ' °- _ Ft Pierce Inle Fort Plarc�. .34947 r - 1" = 2 ' MeD O NA L D Jerner&Associates,Inc. SHEET 1 3909 SHORESIDE DRIVE '-- Marine Cr Environmental Consulting Date: 2/7/17 2537SEAlfonsoAve- Port St.Lucie,FL34952 Pk(M)283-2950 FORT PIERCE JERNERNELLSOUTH.NET MANMADE WATERWAY 130' WIDE ! I �,.r7y :•:1:., .................. :•.: :;:.:;;;•::•:•:<•:•:::•::::; PROPERTY LINE _ �✓ �::.•:•.•:•:•:•::•:•:•:•::•:•:•:•:•:•:•:•: r.._.._.._.._ _ _ _ 1� • ! �L=�j `''':::.:.:..' :'`•:>:::a 15 RAMP TO UPLANDS 4' i 40 ► !'s : ......:::::::t I i .... . 1 I % j 1i . ! j :'":� :�:�:�:`•:�:�:<�:�:�:�:�:�:�:>; j;;: Cher , •� �: o :•.•::.':.'::.•• P.E. �. I �:•:::::•:::•:•:•:•:•::•:•:•:-:< i PROPERTY LINE r * v •C14 ForfMkt McDONALD Jerner&Associates,Inc. ' SHEET 2 3909 SHORESI DE DRIVE Mari Alfonso Ave ortSt. ucie,FConsu 349 Date: 2/7/17 2537SEAve. PortScLucie,FL34952 FORT PIERCE - J Ph.(772)283-2950 ERNER@BELLSOUTH.NET Pier Section Thru Pier Plan View Live Load 40 lbs./Sq Ft Dead Load 5 lbs./Sq Ft VARIES SGL Bolts, Nut, 77, PIN Washers W------------- Galv. Or S.S. (304) w r O Nut Fully Threaded d VARIES 2"x 6"SYP, .40 ACQ Decking#1 Grade w C: X 6"Lags for Stringers Minimal plank spacing. •• Fasten w#10 3"SS(304) Screws, 2 per Stringer CD 2"x 8"P.T. SYP, 40 cn A CQ treated stringers to - - - - - - - - - MHW-.. be butt jointed, butt C) - - - - - - - - May— joints to be staggered. 2"x 8"P.T. SYP, .40 A CQ treated DBL bents 101............. ------ - Ai -------- -W GRADE '.'-I. . ... ,I : Stringers 24" X" Min. 8"Dia. 2.5 O.C.Max CCA treated piles CENTER STRINGERS TIED • DOWN WITH 2"X 4"X 12"0.40 TREATED PINE W 2 SCREWS@ EA M MBER Pilings jetted to a minimum depth of 6'and as Da Q Uf R Z necessary to provide adequate bearing and stability co �, �oad Tt McDONALD H-- Jerner Associates, Inc. 3909 SHORESIDE DRIVE jr.-i Marine&Environmental Consulting Date: 217117 2537 SE Alfonso Avc, Port St.Lucie,FL 34952 Ph.(772)283-2950 FORT PIERCE JERNER@BELLSOUTH.NET 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° C E Ala 6 BOATS ARE TO BE REMOVED FROM BOAT LIFTS PR/OR TO A MAJOR WIND EVENT. Q. NO 43M5 p M m� o A ROVED MAY 17 20 7* • :e c sTAM of �e: PILINPILING PENETRATION TO BE 10' °°o o F88 O R I INTO THE SAND BOTTOM OR 5' • °Osoo n ON Ao pp F'ppo°° INTO ROCK STRATA , 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 MINIMUM (2) 3/8" D/A. SS LAG BOLTS FOR WOOD PILING OR SS CONCRETE ANCHORS FOR ELECTR/CAL REVIEW. CONCRETE PILINGS PER PILING 1/2 HP ELECTRIC MOTOR REQU/RED.M/N/MUM (2) 3/8" 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. TOTAL WATTS: 2024 MOUNTING TAB CONSTRUCTED FROM 1/4" X 2" ALUM/NUM 6 0 6 1 — T 6 FLAT BAR . r 4 If MINN 4 r Y 9,000 LB. CODA GEAR BOA TUFTS AND MARINE PRODUCTS y r BOA T LIFT �DO 4050 SELVIT7 ROAD ��/LU/ FORT PIERCE, FL 34981 I We pm mm BoxR. HYDE SCALE: NTS DATE 1/3/17 REV. 1 1-800-544-0735 www.hi—tide.com atxopr•'aa+ t 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 GEONGEI53M]216 35773226ar01J06301�I� 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) AMAMAD WATERWAY SEAGRASS SUIREIVEYPERFORMEG 130•MDE TOTAL DOCK AREA =348 SQ FT HYi9RUGE'JF'f HEIR ON APRX 14, 2017. N4SE4GRASS OBSERVED W)TH)NA Sa'RA MUS OF PROJECT S;TE Oki �J 5 I :hTF . �' f LPLA!rL [ — -- 4 I I a I j . . . . . . . . . . 40' i ED i , r Il �t I 1 — 20I McD ONA L D jente►-v.-Associates-,I ic. S NEE T 2 I+ + arir [n lrpr�+al tul srraultih Date:4117117 3909 SHORESIDE DRIVE '�53P5C�ti�fan,S.54a Pxf�a�ctat«LR495± FORT PIERCE R J fER..ME��'BEL'w�t`�UTUTH.ZrET �'ror ��t✓�,Non Thrcr Pier Phan View Live Load 40 Jb3.!Sq Ft (lead Land 5 bs./Sq Ft 1JAMES SGL Batts, Nut �,___,,,,,Wa�shefs�t8'Ft.t}_Gaty- Or S.S. (304) w NW,Fully Threaded V to Decking#f Grade W Fasten wM0FSSl J Screws,2 per String 2"x 8'P..T.SYF', A0 Q ACQ treated stringers to y be butt fainted;mutt -- _ ;'hints to be stagged. ,4CQ treated DBL bents >>RA 01F. S Ogeis 24• CCA treat pu7es......... t7. . �4iir� 'Gia.2.5 Max � cErrr�srraar,�^.,ErzS�� ."i iY:a t9Q EA YEAMER Pilings jette d to a mirnimurn depth of E'and as, necessary to provide adequate bearing and ztabYf4, McDONALD Jcr-rte�rf ,�smviates,Inc, t? e_ H7117 SF HET 3 llrari EnArt�x+►sutra!Gamu]tL f- mg 3909 S ORESIDE DRIVE P�sc�!iar� �y FORT PIEREr,�n� t� et<Lt.. u-r . rT 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 �f