HomeMy WebLinkAboutFlorida Department of Regulation (FDEP) Permit or Exemption O
Rick Scott
Depart Governor
Florida Department of
a� Environmental Protection Carlos Lopez-Cantera
Lt. Governor
Bob Martinez Center
2600 Blair Stone Road Jonathan P. Steverson
00 Tallahassee,Florida 32399-2400 Secretary
SELF CERTIFICATION FOR THE ADDITION OF A BOAT LIFT TO
PRIVATE,RESIDENTIAL SINGLE-FAMILY DOCK
"'o I L,E
Self Certification File No.: 0346641001EE IM -6� 0PY
File Name: 10305 S Indian River Dr Fort Pierce,FL 34982
- Self Certification Boat Lift(Aquatic Preserves)
Dear BRUCE JERNER: On, 08/16/2016,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:
FRO
SETBACK RFA,
LAT-Degrees: 27 Minutes: 18 Seconds: 51.8307
LONG-Degrees: -80 Minutes: 15 Seconds: 43.6939
SITE ADDRESS: 10305 S Indian River Dr Fort Pierce,FL 34982 SIDE
COUNTY: St.Lucie
Ct1R SIDES
For:
KATHERINE RICH REAR
10305 INDIAN RIVER DR ZN!
Fort Pierce,FL 34982 TE
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
I
y
to the statutes and rules in effect when your certification was completed.The certification is effective only
for the specific Boat Lift proposed, and only if the Boat Lift is constructed,operated, and maintained in 11
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. j
I
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 date;
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.
i
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.
i
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://www.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 canlbe
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,
Florida Department of Environmental Protection
I
Enclosures:
Boat Lift Criteria
Aquatic Preserves Boat Lift Criteria
General Conditions for Sovereignty/State-Owned Submerged Lands Authorization
Manatee Conditions
I
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:
I
1. Is to be installed in an existing slip or, at or adjacent to the waterward end of the dock;
i
i
2. With other mooring will not result in the mooring of more than two vessels(including jet skis);
I
I
• •
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 II,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; 1
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.:
i
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). j
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
I ��
• �►
endangered,threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and
68A-27.005,F.A.C.
6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent
jurisdiction determines that riparian rights have been unlawfully affected,the structure or activity will
be modified in accordance with the court's decision.
7. Structures or activities will not create a navigational hazard.
8. Structures will be maintained in a functional condition and will be repaired or removed if they become
dilapidated to such an extent that they are no longer functional.
9. Structures or activities will be constructed, operated,and maintained solely for water dependent
purposes.
10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from
all claims, actions, lawsuits and demands in any form arising out of the authorization to use
sovereignty/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.
i
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.
I
Manatee Conditions
The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS
APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES:
1. All personnel associated with the project 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
' I
�I
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 1
four-foot clearance from the bottom.All vessels will follow routes of deep water whenever possible
i
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 8QY2" 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
I,
I
I
i
I
I
•
killing manatees which are protected under the Marine Mammal Protection Act,the Endangered
Species Act, and the Florida Manatee Sanctuary Act.
i
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 j
entrapment.Barriers must not impede manatee movement.
i
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
i
Ii
I
i
I
A • !
Rick Scott
D�Par�
Florida Department of Governor
Environmental Protection Carlos Lopez-Canters
Lt.Governor
Bob Martinez Center
2600 Blair Stone Road Jonathan P. Steverson
Tallahassee,Florida32399-2400 Secretary
FEDERAL SPGP SELF CERTIFICATION FOR
A PROJECT AT A PRIVATE, SINGLE-FAMILY RESIDENCE
Self Certification File No.: 0346641001EE
File Name: 10305 S Indian River Dr Fort Pierce,FL 34982
- Self Certification Boat Lift(Aquatic Preserves)
Dear BRUCE JERNER: On, 08/16/2016,you used the Florida Department of Environmental Protection's
electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State
Programmatic General Permit(SPGP) Self Certification Process for a project at private, single-family
residence located at:
i
LAT-Degrees: 27 Minutes: 18 Seconds: 51.8307
LONG-Degrees: -80 Minutes: 15 Seconds: 43.6939
SITE ADDRESS: 10305 S Indian River Dr Fort Pierce,FL 34982
COUNTY: St.Lucie
For:
KATHERINE RICH
10305 INDIAN RIVER DR Fort Pierce,FL 34982
You have certified that the project you propose to construct at the above location meets all the conditions of
the SPGP Self Certification Process and will be built in conformance to those conditions (attached for
reference). Your proposed activity as certified is in compliance with the SPGP program.U.S.Army Corps!of
Engineers (Corps) Specific conditions apply to your project, attached. No further permitting for this
activity is required by the Corps.In the event of the transfer of ownership of the property by sale or by any
other means,when the structures or work authorized by this SPGP Self Certification are still in existence at
the time the property is transferred,the terms and conditions of this SPGP Self Certification will continue to
be binding on the new owner(s)of the 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 SPGP Self Certification and the associated responsibilities associated with
compliance with its terms and conditions,the attached transfer of SPGP Self Certification request must be
completed and submitted to the Department at the time of transfer of ownership. The address is given below
on the attached transfer form.
i
This SPGP 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. You have recognized that your
certification is effective only for the specific project proposed, and provided the project is constructed,
operated,and maintained in conformance with all the terms, conditions, and limitations stated in the SPGP,
Self Certification Process. This Self Certification will not apply if any substantial modifications are made to
the project. You agree to contact the Department for review of any plans to construct additional structures or
to modify the project,as changes may result in a permit being required.
You have acknowledged that this Self Certification will automatically expire if
1. construction of the project is not completed by midnight,July 26,2021,unless construction
commenced or a contract to construct was executed before July 26,2021, in which case the time limit
for completing the work authorized by the SPGP ends at midnight,July 26,2022. However, in no case
can construction continue for more than one year beyond the Self-Certification date;
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 or Corps personnel to
enter the property for purposes of inspecting for compliance.
ADDITIONAL INFORMATION
This Self Certification Process does not relieve you from the responsibility of obtaining other permits or
authorizations from other agencies (federal, state, or local)that may be required for the project.Failure to
prior to construction of the project may result in enforcement.
obtain all applicable authorizations
PpP P J Y
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.For further information, contact
the Corps directly at: http://www.saj.usace.army.mil/Missions/Regulatoiy.aspx. When referring to your
project,please use the SPGP Self Certification file number listed above.
Authority for review-an agreement with the U.S.Army Corps of Engineers entitled Coordination
Agreement between the U. S.Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of
1899 and Section 404 of the Clean Water Act". j
Enclosures:
General Conditions
Further Information
Manatee Conditions
Submerged Aquatic Vegetation Conditions
Marsh and Mangroves Conditions
Sea Turtle and Smalltooth Sawfish Construction Conditions
Special Conditions
CONDITIONS FOR DEPARTMENT OF THE ARMY SELF CERTIFIED STATE i
PROGRAMMATIC
GENERAL PERMIT FOR A PROJECT AT A PRIVATE,SINGLE-FAMILY RESIDENCE
General Conditions:
1. The time limit for completing the work authorized on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in conformance with
the terms and conditions of this permit.You are not relieved of this requirement if you abandon the
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 on
the enclosed form and forward a copy of the permit to this office to validate the transfer of this
authorization.
i
5. If a conditioned water quality certification has been issued for your project,you must comply with the
conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and
conditions of your permit.
Further Information:
I
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required
by law.
I
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any
liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
I
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf of the United States in the public interest.
c.Damages to persons,property, or to other permitted or unpermitted activities or structures caused by
the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
I
e.Damage claims associated with any future modification, suspension, or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information provided.
rovided.
Y
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to,
the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,'
incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as
those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the '
issuance of an administrative order requiring you comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive,this office may in certain
situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract
or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the property is
transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of
the property. To validate the transfer of this permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States require the
removal,relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion
of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,the Permittee will be required,
upon due notice from the U.S. Army Corps of Engineers,to remove,relocate, or alter the structural
work or obstructions caused thereby,without expense to the United States.No claim shall be made
against the United States on account of any such removal,relocation or alteration.
i
Manatee Conditions:
1. All personnel associated with the project will be instructed about the presence of manatees and
I
manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will
advise all construction personnel that there are civil and criminal penalties for harming,harassing, or
killing manatees which are protected under the Marine Mammal Protection Act,the Endangered
Species Act, and the Florida Manatee Sanctuary Act.
2. All vessels associated with the construction project will operate at "Idle Speed/No Wake" at all times
while in the immediate area and while in water where the draft of the vessel provides less than a
four-foot clearance from the bottom.All vessels will follow routes of deep water whenever possible!
3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled,
will be properly secured, and will be regularly monitored to avoid manatee entanglement or
entrapment.Barriers must not impede manatee movement.
4. All on-site project personnel are responsible for observing water-related activities for the presence of
manatee(s).All in-water operations, including vessels,must be shutdown if a manatee(s) comes within
50 feet of the operation.Activities will not resume until the manatee(s)has moved beyond the 50466t
radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within
50 feet of the operation. Animals must not be herded away or harassed into leaving.
5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at
1-888-404-FWCC. Collision and/or injury should also be reported to the U.S.Fish and Wildlife
Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach(1-772-562-3909)for south
Florida.
6. Temporary signs concerning manatees will be posted prior to and during all in-water project activities.
All signs are to be removed by the permittee upon completion of the project.Awareness signs that have
already been approved for this use by the Florida Fish and Wildlife Conservation Commission(FWC)
must be used(see MyFWC.com). One sign which reads Caution: Boaters must be posted.A second
sign measuring at least 8 1/2" by I I" explaining the requirements for"Idle Speed/No Wake" and the
shut down of in-water operations must be posted in a location prominently visible to all personnel
engaged in water-related activities.
Submerged Aquatic Vegetation Conditions:
1. Avoidance. The piling-supported structure will be aligned so as to minimize the size of the footprints
over SAV beds.
2. The height of piling-supported structure will be a minimum of 5 feet above MHW/OHW as measured
from the top surface of the decking.
3. The width of the piling-supported structure is limited to a maximum of 4 feet.A turnaround area is
allowed for piling-supported structures greater than 200 feet in length. The turnaround is limited to a�
section of the piling-supported structure no more than 10 feet in length and no more than 6 feet in
width. The turnaround will be located at the midpoint of the piling-supported structure.
4. Over-SAV bed portions of the piling-supported structure will be oriented in a north-south orientation to
the maximum extent that is practicable.
5. Terminal Platforms: :
a. If possible,terminal platforms will be placed in deep water,waterward of SAV beds or in an area
1
M i
devoid of SAV beds.
b. If a terminal platform is placed over SAV areas and constructed of grated decking,the total size of
the platform will be limited to 160 square feet. The grated deck material will conform to the
specifications stipulated below. The configuration of the platform will be a maximum of 8 feet by 20
feet. A minimum of 5 feet by 20 feet will conform to the 5-foot height requirement; a 3 feet by 20 feet
section may be placed 3 feet above M11W to facilitate boat access. The long axis of the platform should
be aligned in a north-south direction to the maximum extent that is practicable.
c. If the terminal platform is placed over SAV areas and constructed of planks,the total size of the
platform will be limited to 120 square feet. The configuration of the platform will be a maximum of 6
feet by 20 feet of which a minimum 4-foot wide by 20-foot long section will conform to the 5-foot
height requirement.A section may be placed 3 feet above MfIW to facilitate boat access. The 3 feet
above MfIW section will 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 3 feet above MfIW section is
constructed with grating material, it may be 3 feet wide.
6. Pilings will be installed in a manner which will not result in the formation of sedimentary deposits
("donuts" or"halos") around the newly installed pilings.Pile driving is the preferred method of
installation,but jetting with a low pressure pump may be used.
7. The spacing of pilings through SAV beds will be a minimum of 10 feet on center.
8. The gaps between deckboards will be a minimum of 1/2 inch.
Marsh and Mangroves Conditions:
Marsh:
1. The piling-supported structure will be aligned so as to have the smallest over-marsh footprint as
practicable.
i
2. The over-marsh portion of the piling-supported structure will be elevated to at least 4 feet above the
marsh floor.
3. The width of the piling-supported structure is limited to a maximum of 4 feet. Any exceptions to the
width must be accompanied by an equal increase in height requirement.
Mangroves:
i
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.
Sea Turtle and Smalltooth Sawfish Construction Conditions
The permittee will comply with the following protected species construction conditions:
1. The permittee will instruct all personnel associated with the project of the potential presence of the
species and the need to avoid collisions with sea turtles and smalltooth sawfish.All construction
personnel are responsible for observing water-related activities for the presence of these species.
2. The permittee will advise all construction personnel that there are civil and criminal penalties for
harming,harassing, or killing sea turtles or smalltooth sawfish,which are protected under the
Endangered Species Act of 1973.
3. Siltation barriers will be made of material in which a sea turtle or smalltooth sawfish cannot become
entangled,be properly secured, and be regularly monitored to avoid protected species entrapment. 1
Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat
without prior agreement from the National Marine Fisheries Service's Protected Resources Division,
St.Petersburg,Florida.
4. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times
while in the construction area and while in water depths where the draft of the vessel provides less than
a four-foot clearance from the bottom.All vessels will preferentially follow deep-water routes (e.g.,
marked channels)whenever possible.
5: If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure its protection.
These precautions will include cessation of operation of any moving equipment closer than 50 feet;of a
sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment will cease
immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment.
Activities may not resume until the protected species has departed the project area of its own volition.
6. Any collision with and/or injury to a sea turtle or smalltooth sawfish will be reported immediately to
the National Marine Fisheries Service's Protected Resources Division(727-824-5312)and the local
authorized sea turtle stranding/rescue organization.
I
7. Any special construction conditions,required of your specific project, outside these general conditions,
if applicable,will be addressed in the primary consultation.
8. Any collision(s)with and/or injuries to any whale,or sturgeon occurring during the construction of a
project, shall be reported immediately to NMFS's Protected Resources Division(PRD) at
(727-824-5312).
9. Reports to NMFS's Protected Resources Division (PRD)may be made by email to
takereport.nmfsser@noaa.gov.
10. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
11. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.htm 1.
12. All work must occur during daylight hours.
I
Special Conditions
1. For boat lifts in Monroe County-SPGP Self-certification is not valid if construction of the lift
involves installation of new pilings.
2. For boat lifts in Monroe County-SPGP Self-certification is not valid if your project is located where
the navigable channel is less than 40 feet wide at the end of the canal,or at the corner at the end of;the
canal, or where the boatlift will extend waterward of lifts or structures at adjacent properties or where
there are no nearby neighboring boatlifts or structures and the boatlift extends more than 25%of the
canal width(i.e.,where this may affect navigation). However, your project may still qualify for SPGP.
Contact DEP's South District office at(239) 344-5600 to determine if your project qualifies for SPGP.
3. For concrete piles installed by impact hammer:
a. The piles will be less than or equal to than 24 inches in diameter; and
b.Not more than 10 piles will be installed per day if in open water; or,
c.Not more than 5 piles will be installed per day in a confined space. A confined space is defined as
any area that has a solid object(e.g., shoreline, seawall,jetty)or structure within 150 feet of the pile
installation site that would effectively serve as a barrier or otherwise prevent animals from moving;past
it to exit the area. This does not include objects such as docks or other pile-supported structures that
would not stop animal movement or significantly reflect noise.
5. Metal piles will NOT be installed by impact hammer.
6. The Permittee is responsible for obtaining any "take"permits required under the U.S. Fish and Wildlife
Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and
Golden Eagle Protection Act. The Permittee should contact the appropriate local office of the U.S.Fish
and Wildlife Service to determine if such "take"permits are required for a particular activity.
7. The Permittee is responsible for compliance with 50 CFR 224.103(c)prohibiting approach within 500
yards of a right whale,with limited exceptions.
8. Special Conditions Related to All Reviews and Authorizations are available at:
http://www.saj.usace.army.miUMissions/Regulatory/Source-Book/and must be followed.
I
I
i