HomeMy WebLinkAboutFDEP PermitAlce-obl?
FLORIDA DEPARTMENT OF
Environmental Protection
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Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
December 23, 2020
Kenneth Wurtenberg
5 791 B NW 151 st Street
Miami Lakes, FL 33014
Email Address: kwcpa(a-
File No.: 56-171600-003
File Name: Wurtenberg
Dear Mr. Wurtenberg:
Ron Mantis
Governor
Jeanette Nunez
Lt. Governor
Noah Valensteln
Secretary
On December 19, 2020, we received your notice of intent to use a General Permit (GP), pursuant
to Rule 62-330.427, Florida Administrative Code (F.A.C.) to 1) remove the existing 10 ft. by 20
ft. (200 sq. ft.) terminal platform; 2) add an additional 4 ft. by 165 ft. (660 sq. ft.) access walkway
and an 8 ft. by 20 ft. (160 sq. ft.) terminal covered terminal platform for a total of 1,258 sq. ft.
dock; 3) install two boatlifts and 4) remove three (3) mooring piles, within Indian River, Jensen
Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waterbody, Class III Waters, adjacent
to 136 Bridge Road, Jupiter (Section 12, Township 36 South, Range 40 East), in St. Lucie County
(Latitude N 27' 21' 41.76", Longitude W 80' 17' 06.45").
Your intent to use a general permit has been reviewed by Department staff for three types of
authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned
submerged lands), and (3) federal authorization. The authority for review and the outcomes of the
reviews are listed below. Please read each section carefully.
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.
If you change the project from what you submitted, the authorization(s) granted may no longer be
valid at the time of commencement of the project. Please contact us prior to beginning your project
if you wish to make any changes.
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If you have any questions regarding this matter, please contact Newt Robson at the letterhead
address or at 561-681-6620, Newt.RobsonkFloridadep.gov .
www. dep. state. fl. us
File No.: 56-171600-003-EG
File Name: Wurtenberg
Page 2 of 6
1. Regulatory Review — APPROVED
Based on the forms, drawings, and documents submitted with your notice, it appears that the
project meets the requirements for the General Permit under Rule 62-330.427, F.A.C. Any
activities performed under a� general permit are subject to general conditions required in Rule
62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330 427., F.A.C. (attached).
Any deviations from these conditions may subject the permittee to enforcement action and possible
penalties. '
Please be advised that the construction phase of the GP must be completed within five years from
the date the notice to use the GP was received by the Department. If you wish to continue this GP
beyond the expiration date, you must notify the Department at least 30 days before its expiration.
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Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113;, F.A.C.
2. Proprietary Review — GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of Trustees.
The activity is not exempt from the need to obtain the applicable proprietary authorization. As
staff to the Board of Trustees,, the Department has reviewed the activity described above, and has
determined that the activity qualifies for a letter of consent under Section 253.77, Florida Statutes,
to construct and use the activity on the specified sovereign submerged lands, as long as the work
performed is located within the boundaries as described herein and is consistent with the terms and
conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees determines that such interest did not exist on the
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date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. 1 If the Board of Trustees terminates this Letter of Consent, you agree
not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.
Based on the information submitted, we have begun processing your application to use sovereign
submerged lands. Please contact Newt.RobsonCUloridadep.gov for additional information.
Please be advised that any use of sovereign submerged lands without specific prior authorization
from the Board of Trustees will be considered a violation of Chapter 253, Florida Statutes and may
subject the affected upland riparian property owners to legal action as well as potential fines for
the prior unauthorized use of, sovereign land.
File No.: 56-171600-003-EG
File Name: Wurtenberg
Page 3 of 6
Authority for review - Chapter 253 F.S., and Chapter 258, F. S., and Chapter 18-21, F.A.C. and
Chapter 18-20, F.A.C., and Section 62-330.075, F.A.C. as required.
Federal Review- SPGP APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V-R1, and a SEPARATE
permit or authorization will not be required from the Corps. Please note that the Federal
authorization expires on July 26, 2021. However, your authorization may remain in effect for up
to l additional year, if provisions of Special Condition 19 of the SPGP V-Rl permit instrument
are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions
that may apply to your project. Special conditions required for your project are attached. A copy
of the SPGP V-R1 with all 'terms and conditions and the General Conditions may be found at
httos://www.sai.usace.armv.mil/Missions/Reaulatorv/Source-Book.
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 general permit. The activities may be inspected by authorized state personnel in
the future to ensure 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 a subsequent order of the Department. Because the administrative
hearing process is designed to formulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
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 Rules
28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the
following information:
(a) The name and addrei s of each agency affected and each agency's file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; 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;
File No.: 56-171600-003-EG
File Name: Wurtenberg
Page 4 of 6
and an explanation of how the petitioner's substantial interests 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;
(f) 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,
or via electronic correspondence at Agency Clerk@dep.state.fl.us. 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 and persons entitled to written notice under Section 120.60(3), F.S., must be filed within
14 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
14 days of publication of the notice or within 14 days of receipt of the written notice, whichever
occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision
and the right of substantially; affected persons to challenge this decision has been duly published
or otherwise provided to all persons substantially affected by the decision. While you are not
required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).
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. If you
do not publish notice of this faction, this waiver will not apply to persons who have not received
written notice of this action.
F.A.C.Extension of Time
Under Rule 62-110.106(4), 1F.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,
or via electronic correspondence at Agency Clerk a,dep.state.fl.us, before the 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.
File No.: 56-171600-003-EG
File Name: Wurtenberg
Page 5 of 6
Mediation
Mediation is not available in this proceeding.
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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(l) 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 this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party 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 Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this action is filed
with the Clerk of the Department.
EXECUTION AND CLERKiING
Executed in Orlando, Florida.
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
K\ —,N V-,k-,_
Newt Robson
Environmental Specialist II
Southeast District
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Specific General Permit Rule, Ch. 62-330 427., F.A.C.
Special Consent Conditions
General Consent Conditions for the use of Sovereignty Submerged Lands
Special Conditions for Federal Authorization for SPGP V-RI
General Conditions for the use of the Federal SPGP V-RI
Project Drawings, 5 pages
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File No.: 56-171600-003-EG
4 File Name: Wurtenberg
Page 6 of 6
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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 — Newt Robson
Irene Arpayoglou, Irene.Arpayo lou@dep.state.fl.us
Danna Small, danna@dlsenvironmentalservices.com
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
41'
0",/
Clerk
December 23, 2020
Date
62-330.405 General Conditions for All General Permits
The following general permit6nditions are binding upon the permittee and are enforceable under
Chapter 373, F.S. These conditions do not apply to the general permit in Section 403.814(12), F.S.
(1) The general permit is �alid only for the specific activity indicated. Any deviation from the
specified activity and the conditions for undertaking that activity shall constitute a violation of the
permit and may subject the permittee to enforcement action and revocation of the permit under
Chapter 373, F.S.
(2) This general permit does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any construction, alteration, operation,
maintenance, removal or abandonment authorized by this permit.
(3) This general permit does not convey to the permittee or create in the permittee any property
right, or any interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee, or convey any rights or privileges other than those
specified in the general permit.
(4) The general permit does not relieve the permittee from liability and penalties when the
permitted activity causes harm; or injury to: human health or welfare; animal, plant or aquatic life; or
property. It does not allow the 'permittee to cause pollution that violates state water quality standards.
(5) Section 253.77, F.S., provides that a person may not commence any excavation, construction,
or other activity involving the use of state-owned or other lands of the state, the title to which is vested
in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required
consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the
permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior
to commencing activity on state-owned lands.
(6) The authorization to cojnduct activities under a general permit may be modified, suspended or
revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S.
(7) This permit shall not bed transferred to a third party except pursuant to Rule 62-330.340, F.A.C.
The permittee transferring thelgeneral permit shall remain liable for any corrective actions that may
be required as a result of any permit violations prior to sale, conveyance, or other transfer of
ownership or control of the permitted project, activity, or the real property at which the permitted
project or activity is located.
(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans
and specifications approved by the permit.
(9) The permittee shall maintain any permitted project or activity in accordance with the plans
submitted to the Agency and authorized in this general permit.
(10) A permitee's right to conduct a specific activity under this general permit is authorized for a
duration of five years.
(11) Activities shall be conducted in a manner that does not cause or contribute to violations of
state water quality standards.; Performance -based erosion and sediment control best management
practices shall be implemented and maintained immediately prior to, during, and after construction
as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent
adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures
shall be installed and maintained in accordance with the State of Florida Erosion and Sediment
Control Designer and Reviewer Manual (Florida Department of Environmental Protection and
Florida Department of Transportation June 2007), available at
www.dep.state.fl.us/water/wet,tands/docs/erp/FLErosionSedimentManual_6_07.pdf, and the Florida
Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of
Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008),
available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf.
(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands
during construction shall be ;performed using vehicles generating minimum ground pressure to
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minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall
choose alignments that minimize the destruction of mature wetland trees to the greatest extent
practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on
wooden, composite, metal, or other non -earthen construction mats. In all cases, access in wetlands
shall comply with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland
tree having a diameter 4 inches or greater at breast height;
(b) The maximum width otthe construction access area shall be limited to 15 feet;
(c) All mats shall be removed within 72 hours after the work commences; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the
maintenance or repair is completed.
(13) Barges or other work i essels used to conduct in -water activities shall be operated in a manner
that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic
communities.
(14) The construction, alteration, or use of the authorized project shall not adversely impede
navigation or create a navigational hazard in the water body.
(15) Except where specifically authorized in a general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water
storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts
to receiving water and adjacent lands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water
flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant
to Section 373.086, F.S.; or
(16) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with Native
American cultures, or early co6ial or American settlement are encountered at any time within the
project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries
shall cease. The permittee or other designee shall contact the Florida Department of State, Division
of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as
well as the appropriate permitting agency office. Such subsurface work shall not resume without
verbal or written authorization from the Division of Historical Resources. If unmarked human remains
are encountered, all work shall stop immediately and notification shall be provided in accordance
with Section 872.05, F.S.
(17) The activity must be capable, based on generally accepted engineering and scientific
principles, of being performed and of functioning as proposed, and must comply with any applicable
District special basin and geographic area criteria.
(18) The permittee shall Icomply with the following when performing work within waters
accessible to federally- or state -listed aquatic species, such as manatees, marine turtles, smalltooth
sawfish, and Gulf sturgeon -
(a) (a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while
in the work area and where the draft of the vessels provides less than a four -foot clearance from the
bottom. All vessels will follow routes of deep water whenever possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and
maintained to prevent entanglement or entrapment of listed species.
(c) All in -water activities, including vessel operation, must be shutdown if a listed species comes
within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a
50-foot radius of the in -water work, or until 30 minutes elapses since the last sighting within 50 feet.
Animals must not be herded! away or harassed into leaving. All on -site project personnel are
responsible for observing waterrelated activities for the presence of listed species.
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(d) Any listed species that his killed or injured by work associated with activities performed shall
be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline
at 1(888)404-3922 and ImperiledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species
during a directional drilling o eration, the FWC shall be notified at imperiledspecies@myfwc.com
with details of the event within 24 hours following detection of the spill or frac-out.
(19) The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal;
abandonment or use of any actjivity authorized by the general permit.
(20) The permittee shall immediately notify the Agency in writing of any submitted information
that is discovered to be inaccurate.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9),
373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.118(1), 373.129, 373.136,
373.406(5), 373.413, 373.41131, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429,
403.814(1) FS. History —New 110-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-13.
62-330.427 General Permit for Docks, Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove a dock or pier and
associated structures as described below:
(a) A private, single-family pier or dock with up to two boat lifts that, together with all existing
structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over
surface waters. Such a structure:
1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat
lift. Solely for purposes of this general permit, up to two personal watercraft as defined in section
327.02(33), F.S., may be moored in lieu of either or both allowable vessels of another type. These
limits shall not apply to the mooring, storage or other use of the dock or pier by:
a. Non -motor -powered vesfsels less than 16 feet in length that are stored on or under the dock or
pier, or within an authorized mooring area; or
b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a
larger parent vessel that is moored at the dock in compliance with this general permit.
2. Shall be located such tljat all areas used for vessel mooring and navigational access already
provide a minimum depth of two feet below the mean low water level for tidal waters, or two feet
below the expected average low water depth for non -tidal waters as determined based on best
available information for the water body at the project location; and
3. May include a roof over the vessel mooring areas, boat lifts, and terminal platform, or any
portions thereof, subject to the applicable provisions of chapters 253 and 258, F.S., and the rules
adopted thereunder. Portions of such roofs that overhang beyond the edge of decked portions of the
pier or dock shall be included) in the calculation of the total square footage of over -water structure
allowed under paragraph (1)(a), above.
(b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the
structure is designed and built io discourage boat mooring by elevating the fishing pier to a minimum
height of five feet above mean high water or ordinary high water, surrounding the pier with handrails,
and installing and maintaining signs that state "No Boat Mooring Allowed."
(2) This general permit sha111 be subject to the following specific conditions:
(a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall
not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway
portion of the pier may traverse these resources provided it is elevated a minimum of five feet above
mean high water or ordinary high water, contains handrails that are maintained in such a manner as
to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six
feet, or a width of four feet in Aquatic Preserves;
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(b) There shall be no structures enclosed by walls, screens, or doors on any side;
(c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial
purpose;
(d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities
on the structures authorized by this general permit. In addition, no overboard discharges of trash,
human or animal waste, or fuel shall occur from any structures authorized by this general permit;
(e) This general permit shall not authorize the construction or extension of more than one dock or
pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living
complexes shall be treated as one parcel of property regardless of the legal division of ownership or
control of the associated property; and
(f) Notwithstanding any other provisions of this general permit, the design, construction and
operation of the dock or pier and associated vessels shall not conflict with any manatee protection
plan approved and adopted under section 379.2431(2)(t), F.S.
Rulemaking A uthority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418,
403.805(1) FS. Law Implemen�t.e,d 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416,
373.418, 373.426, 403.814(1) NS. History —New 10-3-95, Formerly 62-341.427, Amended 10-1-13, 6-
1-18. �
Special Consent Condition
1. The applicant agrees t'o indemnify, defend and hold harmless the Board of Trustees and the
State of Florida from fall claims, actions, lawsuits and demands in any form arising out of
the authorization to use sovereignty submerged lands or the applicant's use and
construction of structures on sovereignty 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.
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2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization
or waiver by the Board of Trustees of any provision of the authorization will not invalidate
the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the
Board of Trustees from enforcing the unenforced or waived provision in the event of a
violation of that provilsion.
3. 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 of Trustees 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.
4. All costs incurred by the Board of Trustees 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 of Trustees in writing of any change of address at least ten days before
the change becomes effective.
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5. This authorization doles not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
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General Conditions for Authorizations for Activities on State -Owned Submerged Lands:
All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through
(i)below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S.
(a) Authorizations are valid 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 shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of the
grantee's use of the sovereig I ty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may b�e modified, suspended or revoked in accordance with their terms or
the remedies provided in Sections 253.04 and 258.46, F.S. or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts
to sovereignty submerged lands and resources.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, 6eatened or of special concern, as listed in Rules 68A-27.003, 68A-
27.004 and 68A-27.005, F.A !C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court
of competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity shall be tInodified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C.,
within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized under paragraph 18-
21.004(1)(g), F.A.C., or any other applicable law.
(8) Pursuant to Section 253.77(4), F.S., federal, state, or local agencies or political
subdivisions, including ports and inland navigation districts, proposing to conduct an activity
which qualifies for an exemption under Part IV of Chapter 373, F.S. or Section 403.813(1), F.S.,
shall be granted a letter of consent or public easement upon receipt of a request and a legal
description of the affected land. However, such grant does not release the entity from compliance
with other applicable provisions of Chapter 18-18, 18-20 or 18-21, F.A.C.
Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.68,
253.72, 253.74, 253.75, 253. ,,, 7 FS. History New 3-27-82, Amended 8-1-83, Formerly 16Q-21. 04,
16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-
16-03, 3-8-04, 10-27-05, 4-11-08, 9-1-09.
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Special Conditions for Federal Authorization for SPGP V-R1
Note: JAXBO (Jacksonville District's Programmatic Biological Opinion), referenced throughout,
may be found online in the Jacksonville District Regulatory Division Sourcebook, or at
httn-//cdm 1602l l.contentdm.ocle.org/utils/getfile/collection/n 16021 coll3/id/577.
The SPGP V-RI instrument and all attachments may be found online through the Sourcebook, or
at https://www.s .usace.army.mil/SPGP/
In addition to the conditions specified above, the following Special Conditions apply to all projects
reviewed and/or authorized under the SPGP V-R1.
1. Authorization, design and construction must adhere to the terms of the SPGP V-RI instrument
including the Procedure and Work Authorized sections.
2. Design and construction must adhere to the PDCs for In -Water Activities (Attachment 6, from
PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).
3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).
4. For all projects involvinglthe installation of piles or sheet piles, the maximum number of piles,
sheet piles or concrete slab walls or boatlift I -beams installed by impact hammer per day is limited
to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is
not authorized (Reference: Categories D and E of JAXBO PDCs for In -Water Noise from Pile and
Sheet Pile Installation, page 86.).
5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require
prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).
6. Notifications to the Corps. For all authorizations under this SPGP V-RI, including Self -
Certifications, the Permittee shall provide the following notifications to the Corps:
a. Commencement I Notification. Within 10 days before the date of initiating the work
authorized by this permit or for each phase of the authorized project, the Permittee
shall provide a written notification of the date of commencement of authorized work
to the Corps.
b. Corps. Self -Certification Statement of Compliance form. Within 60 days of
completion of tl e work authorized by this permit, the. Permittee shall complete the
"Self -Certification Statement of Compliance" form (Attachment 32) and submit it to
the Corps. In the event that the completed work deviates in any manner from the
authorized work, the Permittee shall describe the deviations between the work
authorized by this permit and the work as constructed on the "Self -Certification
Statement of Compliance" form. The description of any deviations on the "Self-
Certification Statement of Compliance" form does not constitute approval of any
deviations by the Corps.
c. Permit Transfer. 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
(Attachment 2).
d. Reporting Address. The Permittee shall submit all reports, notifications,
documentation, and correspondence required by the general and special conditions of
this permit to the following address.
(1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10
MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all
submittals.
7. The District Engineer reserves the right to require that any request for authorization under this
SPGP V-RI be evaluated as an Individual Permit. Conformance with the terms and conditions of
the SPGP V-RI does not automatically guarantee Federal authorization.
8. On a case -by -case basis; the Corps may impose additional Special Conditions which are
deemed necessary to minimize adverse environmental impacts.
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9. Failure to comply with all conditions of the SPGP V-RI constitutes a violation of the Federal
authorization.
10. No structure or work shall adversely affect or disturb properties listed in the National Register
of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work,
the Applicant/Permittee or other party on the Applicant's/Permittee's behalf, shall conduct a search
of known historical properties by contracting a professional archaeologist, and contacting the
Florida Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The Applicant/Permittee can
also research sites in the National Register Information System (KRIS). Information can be found
at http://www.cr.nps.gov/nr/research.
a. If, during the initial ground disturbing activities and construction work, there are
archaeological/cultural materials unearthed (which shall include, but not be limited to:
pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal
implements, dugout canoes 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 in the vicinity and notify the Compliance and Review staff of the
State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project
Manager to assess the significance of the discovery and devise appropriate actions,
including salvage operations. 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 accordanice with 33 C.F.R. § 325.7.
b. In the unlikely event that human remains are identified, the remains will be treated in
accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately
cease and the local law, authority, and the State Archaeologist (850-245-6444) and the Corps
Regulatory Project Manager shall immediately be notified. Such activity shall not resume
unless specifically authorized by the State Archaeologist and the Corps.
11. The Permittee is responsible for obtaining any "take" permits required under the U.S. Fish and
Wildlife Service's regulations governing compliance with these laws. 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.
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12. For Projects authorized under this SPGP V-RI in navigable waters of the U.S., 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 Ithe free navigation of the navigable waters, the Permittee will be
required, upon due notice from the 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.
13. The SPGP V-RI will be valid through July 26, 2021 unless suspended or revoked by issuance
of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource
agencies, will conduct periodic reviews to ensure that continuation of the permit during the period
ending July 26, 2021, is not contrary to the public interest. The SPGP V-RI will not be extended
beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all future
applications for activities covered by the SPGP V-RI will be evaluated by the Corps.
14. If the SPGP V-RI expires, is revoked, or is terminated .prior to completion of the authorized
work, authorization of activities which have commenced or are under contract to commence in
reliance upon the SPGP V-RI will remain in effect provided the activity is completed within 12
months of the date the SPGP �V-R1 expired or was revoked.
Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling -Supported
Structures
1. For temporary structures associated with marine events. Upon completion of the event, these
structures must be removed and, to the maximum extent practical, the site must be restored to pre -
construction elevations. Water depths in the area of marine events must be deep enough to support
at least 5 ft of water depth iunder the keel of a vessel and between the keel of a vessel and
Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas
(Reference: JAXBO PDC A2'.1.4.).
2. Educational Signs. For commercial, multi -family, or public facilities, and marine events, signs
must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1
to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and
Anchored Buoys, starting on page 112.):
a. (A2.2.) For commercial, multi -family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to vessel
strikes and hook -and ;line captures. The most current version of the signs that must be
downloaded and sign installation guidance are available at:
igns/index.html). The signs required to be posted by area are stated below:
(1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post
the Help Protect North Atlantic Right Whales sign.
(3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and
those occurring north of the St. Johns River to the Florida -Georgia line shall post the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
Key, Florida north!to the Florida -Alabama line.
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3. Monofilament Recycling Bins. For commercial, multi -family, or public facilities,
monofilament recycling bins must be provided as described below (Reference: The below
replicates PDC A.2.3 within the table PDCs Specific to Activity 2 - Pile Supported Structures and
Anchored Buoys, the PDC itself on page 113 of the JAXBO.):
a. (A2.3.) For commercial, multi -family, or public facilities, monofilament recycling bins
must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement
in, or ingestion of, marine debris. Monofilament recycling bins must:
(1) (A2.3.1.) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.,com.
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
http://mrrp.myfwc.�com standards) so that they do not overflow.
4. North Atlantic Right Wl ale. The attached North Atlantic Right Whale Information Form
(Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal
regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will
attach this document to their authorizations for a dock project (new construction, repair, or
replacement) at a private residence located within 11 nautical miles of North Atlantic right whale
critical habitat as measured in a radius from the center of the nearest inlet to open ocean described
by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4
of JAXBO, pages 31 and 32, jinclusive) (Reference: JAXBO PDC A2.4.).
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5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with
the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section
10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC
A2.5.).
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6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary,
then turtle -friendly lighting shall be installed. Turtle -friendly lighting is explained and examples
are provided on the Florida Fish and Wildlife Conservation Commission website:
(Reference: JAXBO PDC A2.8.).
7. Construction Location. Project construction shall take place from uplands or from floating
equipment (e.g., barge); prop; or wheel -washing is prohibited (Reference: JAXBO PDC A2.9.).
8. Regarding submerged and emergent aquatic vegetation, the design and construction of a
Project must comply with the following:
a. A pile supported structiure (i) that is located on a natural waterbody (i.e., outside an artificial
waterway that was excavated for boating access and is bordered by residential properties)
and (ii) that is within the range of seagrass (estuarine waters within all coastal counties
except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be
constructed to the following standards:
(1) Must comply with or provide a higher level of protection than, the protective criteria in
the joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor Piling -Supported Structures Constructed
in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat" updated
November 2017 (Attachment 5).
(2) In addition to (1), above, IF the project is within range of Johnson's seagrass (the range
of Johnson's seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne
Bay in the lagoon systems on the east coast of Florida), THEN the design and
construction shall comply with, in some cases, the more restrictive requirements within
paragraph 8.c., below (Reference: JAXBO PDC A2.17).
b. For all other Projects,
(1) Within the range of Johnson's seagrass (the range of Johnson's seagrass is defined as
Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east
coast of Florida), 'the presence of submerged aquatic vegetation will be determined
utilizing the "Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7). If no
survey performed, aquatic vegetation, including Johnson's seagrass, will be presumed
to be present for purposes of this Special Condition.
(2) Outside the range 11of Johnson's seagrass but within the range of seagrass (estuarine
waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and
Volusia County no h of Ponce Inlet) and within tidal waters, the presence of seagrass
and tidal freshwater submerged aquatic vegetation will be determined using the
"Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7) unless a site visit
or aerial photography observes absence during the growing season (if water depth and
clarity allows) or aquatic vegetation has not been found in the vicinity in the past.
(3) Pile -supported structures, IF aquatic vegetation is present (including seagrass, tidal
freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply
with or provide a higher level of protection than, the protective criteria in the joint U.S.
Army Corps of Engineers'/National Marine Fisheries Service's "Construction
Guidelines in Florida for Minor Piling -Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat" updated
November 2017 (Attachment 5).
(4) In addition to (1)to (3) above, IF the proposed dock or proposed structure is within
range of Johnson's seagrass (the range of Johnson's seagrass is defined as Turkey
Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast
of Florida), and III the proposed dock or proposed structure falls within the following
scenarios, THEN the design and construction shall comply with, in some cases, the more
restrictive requirements within paragraph 8.c.,below. (Reference: The following
replicates "Scenario B" as defined within A2.17., PDCs for Docks or Other Minor
Structures of JAXBO.):
(i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as
the previous dock and:
(a) within Johnson's seagrass critical habitat with No current seagrass survey
(completed no earlier than 1 year before submitting the application); or,
Johnson's seagrass under the dock; or, Native seagrass, other than Johnson's
seagrass, under the dock; or,
(b) within the IRange of Johnson's seagrass (outside of critical habitat) with No
current seagrass survey or,Johnson's seagrass under the dock,
(ii) New docks or dock expansions and:
(a) within Johnson's seagrass critical habitat; or,
(b) within the Range of Johnson's seagrass (outside of critical habitat) with: No
current seagrass survey (completed no earlier than 1 year before submitting the
application) or, Johnson's seagrass within property limit.
c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4),
above (Reference: The, following replicates the "Dock PDCs for Scenario B" within A2.17.
PDCs for Docks or Other Minor Structures of JAXBO.):
(1) To avoid and minimize impacts to Johnson's seagrass and native, non -listed seagrasses
to the maximum extent practicable:
(i) The dock must 'be positioned to avoid and minimize effects to Johnson's seagrass.
(ii) Over any area that contains Johnson's seagrass or native, non- listed seagrasses, the
dock shall be oriented in a north -south orientation to the maximum extent that is
practicable to allow maximum sunlight under the structure.
(iii)lf practicable, terminal platforms shall be placed in deep water, waterward of
Johnson's seagrass beds or native, non -listed seagrasses beds or in an area devoid of
Johnson's seagrass or native, non -listed seagrasses.
01-
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(iv)Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson's
seagrass to minimize direct impacts.
(v) Piles shall be installed in a manner that will not result in the formation of
sedimentary deposits (e.g., donuts or halos) around the newly installed pilings.
(vi)No covered boat lifts are allowed over any Johnson's seagrass.
(2) Decking options: Deck surfaces (parallel with the water) that are located waterward of
the MHWL must be constructed of grated materials or plank construction or a
combination of the'i both methods (e.g. plank decking on the walkway and grated decking
on the terminal platform). These decking options are described below:
(i) For grated decking:
(a) Height requirement: The surface of the structure, including the dock walkway
(the over- water narrow portion connecting the terminal platform to the shore
and any over -water ramp required for access) and the dock, must be a minimum
of 3 ft abo ve MHW when constructed with grated decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 160 ft2. Marginal docks are limited to a width
of 5 ft. The 5 ft width restriction is measured from wet side of the seawall. For
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example, if, a seawall cap is 3 feet overwater then the dock would be limited to
2 feet.
(c) Material description: Decking materials shaped in the form of grids, grates,
lattices, etc., to allow the passage of light through the open spaces. These
materials must provide a minimum of 43% open space.
(ii) For plank decking:
(a) Height requirement: The surface of the structure, including the dock walkway
(the over- water narrow portion connecting the terminal platform to the shore
and any over -water ramp required for access) and the dock, must be a minimum
of 5 ft above MHW when constructed of plank decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 120 ft2. Marginal docks are limited to a width
of 5 ft. I
(c) Material description: Deck boards may be constructed of any material. Deck
Boards must be installed to provide a minimum of a 0.5-in gap between
individual deck boards.
d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation
(ATONs) to ESA -listed corals and Acropora critical habitat shall ensure there are no impacts
to the corals or the essential feature of Acropora critical habitat from the movement of buoys
and tackle. The appropriate distance shall be based on the size of the anchor chain or other
tackle to be installed to secure the buoy to its anchor, particularly when the design of the
ATON does not prohi�it the contact of tackle with the marine bottom. In all cases, buoy
tackle will include flotation to ensure there is no contact between the anchor chain or line
and the marine bottom I (Reference: JAXBO PDC A2.10.).
1. The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain thl 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 abandonfthe 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.
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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, orlocal
authorizations required by law.
b. This permit does; not grant any property rights or exclusive privileges.
c. This permit doeslnot authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing orproposed
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 fd,llowing:
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 ofjan 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,i 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-R1
PERMITEE:
PERMIT NUMBER:
ADDRESS/LOCATION OF PROJECT:
DATE:
(Subdivision) (Lot) (Block)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the te'rms 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 ofthis 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.
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(Transferee Signature) (Date)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
}r
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee shall comply Lh 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.
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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 readsil Caution: Boaters must be posted. A second sign, measuring at least
81/2" 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. 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
fall in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
1; 888-404-FWCC (3922)
cell * FWC or #FWC
Y1
� T OF COM�P90
a
�S�aTes of n�'
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
I
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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.
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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.
I
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 proteI cted 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).
Reports to NMFS's i Protected Resources Division (PRD) may be made by email to
takereport.nmfsser amnoaa.gov.
j.. Sea turtle and marine stranding/rescue organizations' contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh. ufl: edu/fish/sharks/sawfish/sawfishenco unters.htm 1.
1. All work must occur during daylight hours.
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T Kenneth Wurtenberg
Services, ne. 6603 S. Indian River Drive
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953 Fort Pierce, Florida
PCN# 3412-141-0002-000-2
Phone:772-215-3997 Fax:772-879-452U
www.disenvironmentalservices.com SCALE:
N.T.S. AUGUST 2020 SHEET 1 of 5
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NOTES:
1. RESOURCE SURVEY PERFORMED ON 7/29/20 BY DLS ENVIRONMENTAL SERVICES, INC. — SEE REPORT FOR DETAILS
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ST Kenneth Wurtenberg
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PCN# 3412-141-0002-000-2
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www.disenvironmentalservices.com SCALE:
1" = 30' AUGUST 2020 I SHEET 3 of 5
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5. RESOURCE SURVEY PERFORMED ON 7/29120 BYiDLS ENVIRONMENTAL SERVICES - SEE REPORT FOR DETAILS
1?S Environmental. Proposed Plan View
Kenneth Wurtenberg
Services, Inc.I6603 S. Indian River Drive
1901 SW Yellowtail Avenue Fort Pierce, Florida
Port Saint Lucie, FL 34953
PCN# 3412-141-0002-000-2
Phone:772-215-3997 Fax:772-879-4520
www.dlsenvironmentalservices.com SCALE:
1" = 30' AUGUST 2020 I SHEET 4 0 5
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ENDING IN AN 8' BY 20' COVERED PLATFORM (NOT ENCLOSED) WITH 2 BOAT LIFTS
3. PROPOSED DOCK TOTALS 1,258 SQ FT.
4. DOCK ACCESS EXTENSION AND PLATFORM TO BE CONSTRUCTED OF GRATED DECKING
5. PROPOSED 8" DOCK PILES - PILE SPACING 10' O.C. (TYP)
6. RESOURCE SURVEY PERFORMED ON 7/29/20 BY DLS ENVIRONMENTAL SERVICES - SEE REPORT FOR DETAILS
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1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Dock Extension Profile View
Kenneth Wurtenberg
6603 S. Indian River Drive
Fort Pierce, Florida
PCN# 3412-141-0002-000-2
Phone:772-215-3997 Fax:772-879-4520
www.dlsenvironmentalservices.com SCALE:
i 1" = 10' AUGUST 2020 I SHEET 5 of 5