HomeMy WebLinkAboutDEP Rick Scott
as Depart Florida Department of Governor
Environmental Protection
= Carlos Lopez-Cantera
k � o
Lt. Governor
SOUTHEAST DISTRICT OFFICE
0 3301 GUN CLUB ROAD, MSC 7210-1 Noah Valenstein
t0� WEST PALM BEACH, FL 33406 Secretary
nta1 Pic 561-681-6600
Mr.Kevin White
10701 S. Ocean Dr.,Lot 672 ?O ZP -O 7
Jensen Beach,FL 34957 ST.LUCTF f:nLTN"TY R1"II nTC PI"'«In
Sent via e-mail to designated agent: linenviron(@gmail.com REVIEWED FOR COri N
RiVIEWED BY
DATE
Re: File No.: 56-0178748-004,005-EE PLANS AND R� MUST BE KEPT ON JOB
File Name: Kevin White OR NO LNSPECTION WILL BE;MADE.
Dear Mr.White:
On May 25, 2017, we received your application for an exemption to: 1) install a 130 ft2 irregular
shaped marginal dock;and 2)install a boatlift.The project is located in canal off of the Indian River,
Class III Waters, adjacent to 10701 S. Ocean Dr., Lot 672, Jensen Beach(Section 11, Township 37
South, Range 41 East), in St. Lucie County (Latitude N 27' 16' 10.00", Longitude W 80' 12'
34.00").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization(related to state-owned submerged lands),and(3)federal approval that may
be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However,this letter does not relieve you from the responsibility
of obtaining other federal, state,or local authorizations that may be required for the activity.
1. Regulatory Review-VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed are
exempt under Chapter 62-330.051(5)(b), Florida Administrative Code, from the need to obtain a
regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the statutes
and rules in effect when the information was submitted. This verification will expire after one year,
and will not be valid at any other time if site conditions materially change, the project design is
modified, or the statutes or rules governing the exempt activity are amended. However, the activity
may still be conducted without further notification to or verification from the Department after the
NSA-")ALL
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RECIUIRED FIELD OS�DER TCODE .
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COMP WALLAPPUCABLE
CONTRACTOR'S COPY
File No.: 56-0178748-004,005-EE
File Name:Kevin White
Page 2 of 6
one-year expiration of this verification, provided: 1) the project design does not change; 2) site
conditions do not materially change; and 3)there are no changes to the statutes or rules governing
the exempt activity. In the event you need to re-verify the exempt status for the activity after the one-
year expiration of this verification, a new application and verification fee will be required. Any
substantial modifications to the project design should be submitted to the Department for review,as
changes may result in a permit being required. Conditions of compliance with the regulatory
exemption are contained in Attachment A.
2. Proprietary Review—NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands, and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. Federal Review—SPGP APPROVED
Your proposed activity as outlined on your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V, and a separate permit or
authorization will not be required from the Corps.Please note that the Federal authorization expires
on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special
Conditions that may apply to your project." A copy of the SPGP V with all terms and conditions
and the General Conditions may be found at
hqp•//www sai usace army mil/Portals/44/docs/regulatory/sourcebook/permitting/Reneral permits
/SPGP/SPGPV-Permit%20lusu ument-Complete.pdf?ver=2016-07-27-071925-250.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S.Army Corps of Engineers(Jacksonville District)and the Florida Department of
Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to insure compliance with appropriate statutes and administrative codes. If the activities are not in
compliance,you may be subject to penalties under Chapter 373,F.S.,and Chapter 18-14,F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until further order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means that the
Department's final action may be different from the position taken by it in this notice.
I
File No.: 56-0178748-004,005-EE
File Name:Kevin White
Page 3 of 6
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding(hearing)under Sections 120.569 and 120.57,F.S. Pursuant to Rule 28-
106.201,F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name,address,any email address,any facsimile number,and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any,which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(fl A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes;and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3),F.S.must be filed within 21 days of publication of the notice or within 21 days of receipt
of the written notice, whichever occurs first. Under Section 120.60(3), F.S.,however, any person
who has asked the Department for notice of agency action may file a petition within 21 days of
receipt of such notice,regardless of the date of publication. The failure to file a petition within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination(hearing)under Sections 120.569 and 120.57,F.S.,or to intervene in this proceeding
and participate as a party to it. Any subsequent intervention(in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205,F.A.C.
File No.:56-0178748-004,005-EE
File Name:Kevin White
Page 4 of 6
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before the
applicable deadline for filing a petition for an administrative hearing. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when the order is filed with the Clerk of the Department.
Judicial Review
Any parry to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by
filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,Florida Rules of Appellate Procedure,
with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard,M.S. 35,Tallahassee,Florida 32399-3000;and by filing a copy of the Notice of Appeal
accompanied by the applicable filing fees with the appropriate District Court of Appeal. The
Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of
the Department.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
you have any questions regarding this matter,please contact Huy Tran at the letterhead address or
at(561)681-6651 or by email at Huy.Tran(c�dep.state.fl.us
Executed in Palm Beach County,Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
lid
Monica Sovacool
Environmental Manager
Southeast District
File No.: 56-0178748-004,005-EE
File Name:Kevin White
Page 5 of 6
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were
sent on the filing date below to the following listed persons:
FDEP—Huy Tran,Monica Sovacool
FILING AND ACKNOWLEDGMENT
FILED, on this date,pursuant to 120.52,Florida Statutes,with the designated Department
Clerk,receipt of which is hereby acknowledged.
June 19, 2017
Clerk Date
Enclosures:
Attachment A- Specific Exemption Rule
General Conditions for use of the Federal SPGP V, 6 pages
Project Drawings, 5 pages
I
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting.However,
if located in,on,or over state-owned submerged lands,they are subject to a separate authorization
under Chapters 253 and 258,F.S., and Chapters 18-18, 18-20, and 18-21,F.A.C., as applicable.
(5)Dock,Pier,Boat Ramp and Other Boating-related Work—
(b) Installation of private docks,piers,and recreational docking facilities, and installation of local
governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b),
F.S. This includes associated structures such as boat shelters, boat lifts, and roofs,provided:
1.The cumulative square footage of all structures located over wetlands and other surface
waters does not exceed the limitations in Section 403.813(1)(b),F.S.;
2.No structure is enclosed on more than three sides with walls and doors;
3.Structures are not used for residential habitation or commercial purposes, or storage of
materials other than those associated with water dependent recreational use;and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline
fora minimum distance of 65 feet,unless the parcel of land or individual lot as platted is less than
65 feet in length along the shoreline, in which case there may be one exempt dock allowed per
parcel or lot.
General Conditions for Federal Authorization for SPGP V
1. The time limit for completing the work authorized ends 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.
5. If a conditioned water quality certification has been issued for your project,you must comply
with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Further Information:
1.Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State,or local authorizations required
by law.
b. This permit does not grant any property rights or exclusive privileges.
c.This permit does not authorize any injury to the property or rights of others.
d.This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any
liability for the following:
a.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b.Damages to the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf of the United States in the public interest.
c. Damages to persons,property, or to other permitted or unpermitted activities or structures caused by
the activity authorized by this permit.
d.Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification,suspension,or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any
time the circumstances warrant.Circumstances that could require a reevaluation include,but are not
limited to,the following:
a.You fail to comply with the terms and conditions of this permit.
b.The information provided by you in support of your permit application proves to have been false,
incomplete,or inaccurate(see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as
those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the
issuance of an administrative order requiring you comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate.You will be required to pay for any corrective
measures ordered by this office,and if you fail to comply with such directive,this office may in certain
situations(such as those specified in 33 CER 209.170)accomplish the corrective measures by contract
or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred,the terms and conditions of this permit will continue to be binding on the new
owner(s)of the property. To validate the transfer of this permit and the associated liabilities associated
with compliance with its terms and conditions,have the transferee sign and date the enclosed form.
7. The Permittee understands and agrees that,if future operations by the United States require the
removal,relocation,or other alteration,of the structures or work herein authorized,or if,in the opinion
of the Secretary of the Army or his authorized representative,said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,the Permittee will be required,
upon due notice from the U.S.Army Corps of Engineers, to remove,relocate,or alter the structural
work or obstructions caused thereby,without expense to the United States.No claim shall be made
against the United States on account of any such removal,relocation or alteration.
Department of the Army Permit Transfer for SPGP V
PERMITEE:
PERMIT NUMBER: DATE:
ADDRESS/LOCATION OF PROJECT:
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 hermit 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 Branch,Post Office Box 4970, Jacksonville,FL
32232-0019.
(Transferee Signature) (Date)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
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 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
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 Florida Fish and
Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One
sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2"
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. 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:
1-888-404-F CC(3922)
cell *FWC or #FWC
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
t + NATIONAL MARINE FISHERIES SERVICE
a - ^ Southeast Regional Office
x 263 13th Avenue South
r 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.
h. 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).
i. Reports to NMFS's Protected Resources Division(PRD)may be made by email to
takereport.nmfsser(a,noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by region at
btip://www.nmfs.noaa.gov/pr/health/networks.htin.
k. Smalltooth sawfish encounters shall be reported to
hqp://www flmnh ufl edu/fish/sharks/sawfish/sawfishencounters.html.
1. All work must occur during daylight hours.
MAP N
White Residence
10701 S. Ocean Dr., Lot 672
Jensen Beach, FL 34957
Note: Please see enlarged attached map for lot location.
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MAP
White Residence
10701 S. Ocean Dr., Lot 672
Jensen Beach, FL 34957
(Enlarged)
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Michelle Franklin,CFA—Saint Lucie County Property Appraiser—All rights reserved.
Property Identification
10701 S OCEAN DR 672
Site Address: 4511-805-W73.000.4
Parcel M: 124467
Account#: 45I11G
Map ID: 0200
Use Type: HIRD
Zoning: Saint Lurie Canty
City/County-
ownership
Kevin R White JR)
Elizabeth M White JR)
2981 werwood CT
Welingtoe,FL 3 3 4 14-7 690
Legal Description
VENTURE OUT-SECTION C-LOT 73(OR 38W87)
Current Valuesr )
f153°200 -
Just/Market Value: $153,200 =
Assessed Value: so
Exernpdons: SI53.200 ,'17tii'4�-v.,-..F.�
Taxable Value:
Taxes for this parcel:SLC Tax Collector's Office 19
Download TRIM for this parcel:Download PDF 17
Total Areas
Finished/Under Air(SR 771
Gross Area(SF): 787
►cod Sine(acres): 0.05 E N T
coo O
Lana size(SF): ;
This info 's, edtp,ye cocrerr�tpt �'��fir-■na-e��ut_nv}i's�s �erC o ch ge and is not warranted.
Cop)trtg 201 APP er,ql1 hts reserved.
;�-o17R7�8-oo.i:,005-EF. 'T�
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Southeast District
�'J
Odd 1
I •
Waterbody:
Artificial canal off of the Indian River
Width:varies 145'+
i
Proposed
Boat Lift
1z,�., I
I
12.6. Proposed
Dock
Dock Area over MHW:
4- 78 sq.ft.
-o
0
MHWlMLW t3
r
-o Existing co
0 Concrete
0
Seawall
0' 10' 20'
r� Scale
White Residence
10701 S. Ocean Dr., Lot 672
Jensen Beach, FL 34957
Proposed White Residence Proposed Wilco Construction, Inc. Date: 4/13L17
Plan View Dock/Boat Lift (772)460-6928;FAX(772)460-6929 _.
Pilings:
TYPICAL DOCK AND ACCESSWAY CROSS SECTION min. TO, 2.5 CCA
(N.T.S.) PT wood,
max. 10'OC
The work specified herein
has been designed and all
work shall be in accordance
with the 2014 Florida Width:Varies
Building Code(5th Ed.,
First Printing March 2015).
All codes reference herein
are per the latest adopted
edition.
Decking:
2"x6" 0.4 ACQ#1 Dense Pine fastened
wlmin. 3"stainless steel screws
STRINGERS:
2"x8"0.4 or 0.6 ACQ spaced
at max.24"with min. 1/2"SS
lag bolts on each piling(lap
spliced)
Blocks:
2"x6"x12" 0.4 ACQ strap Joist:
blocks @mid stringers 2"x8" 0.4 ACQ on
(fastened wlmin. 3 ea, each side of piling.
min. 3" SS screwslnails) Bolted wl 5/8"
SS cut rods.
M.H.W.
M.L.W.
CANAL BOTTOM
6'min.
penetration � T
Wood Decking m g
Cross View Structural White Dock