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HomeMy WebLinkAboutAPPORVED duersten depDEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS of ENGINEERS 4400 PGA BLVD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 May 16, 2019 REPLY TO ATTENTION OF Regulatory Division South Permits Branch Palm Beach Gardens Permits Section SAJ-�013-02373 (GP-KAE) Robert Duersten 3058 NW Radcliff Way Palm City, FL 34990 Dear Mr. Duersten: RECEIVED JUN 06 200 ST. Lucie County, Permitting Your application for a Department of the Army permit received on February 28, 2019, has been assigned number SAJ-2013-02373. A review of the information and drawings provided shows the proposed work is to 1) install a 720 square foot docking structure consisting of a 4 foot by 140 foot (560 square foot) access walkway and a 10 foot by 16 foot (160 square foot) terminal platform waterward of mean high water and 2) install two boatlifts. The project site is located in the North Fork of the Saint Lucie River at 3058 NW Radcliff Way, in Section 25, Township 37 South, Range 40 East, in Palm City, within Saint Lucie County, Florida. The aspect of your project associated with the docking structure and boatlifts, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.miI/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on "Source Book„; and, then click on "General Permits." Then you will need to click on the specific SAJ permit noted above. You must comply with all df the special and general conditions of the permit; and, any project -specific conditions noted below, or you may be subject to enforcement action. The following project -specific conditions are included with this authorization: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 or for electronic mail saj-rd-enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2013-02373 (GP-KAE), on all submittals. 2. Self -Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self -Certification Statement of Compliance" form (attached) 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. 3. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the 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. 4. Turbidity controls: a. Shall be used throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. b. Shall be made of material in which listed species cannot become entangled (i.e., reinforced impermeable polycarbonate vinyl fabric [PVC]), and shall be monitored to ensure listed species are not entangled or trapped in the project area. c. Shall be removed promptly'when the work is complete and the water quality in the project area has returned to background conditions. d. Shall not block entry to or exit from designated critical habitat. 5. Cultural Resources/Historic_ Properties: 941 a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground - disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. If the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, all work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the Corps, within the same business day (8-hours). The Corps shall then notify the appropriate THPO(s) and SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager. After such notification, project activities on tribal -4- lands shall not resume without written authorization from the appropriate THPO(s) and the Corps. 6. Daylight Hours: All activities must be completed during daylight hours. 7. Manatee Conditions: The Permittee shall comply with the enclosed (Attached) "Standard Manatee Conditions for In -Water Work — 201 V This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced RGP, please contact Kelly Egan by telephone at 561-472-3514. Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apextf?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, �_� ce Kelly EgahJ Project Manager Enclosures Project Drawings Self Certification Standard Manatee Conditions for In -Water Work — 2011 Copies Furnished: Bruce Jerner, jerner@bellsouth.net 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-FWCC (3922 ) cell * FWC or #FWC /— PROJFCTSITE - RI VERBEND LOT 16 PALM CITY Aflnielta Terrace _ tf' � t � tb+ r f S 4W,p r tpe: F.h Re, 0 Datgn � Ih�ngKh!" crncr&Associatcs, Inc. Sheet 1 J !?ale: 2/27/19 Clrvirrmmrntcl Gnuuffim 2375EAffona)A%T- PurtS1, Lune FL W052 1 , PILCM.)283 ?950 PL . PERMITIEE TO ABIDE BY STANDARD MANATEE CONDITIONS FOR ALL IN WATER WORK PL APPROXIMATERIPARIAN LINE V&PGMTm TIIRSOrY MMrnw [rPL.7VW AROCM AREA3 Cr ACTr4E PgEJERMG TO REMNBY PUCE UNR TUFANCI YSM3"s r_ a4CKGRW DaWL ......3 ...... x 15 140" x 4' Access y � 0 APPROXIMATERIPARIAN LINE 14'1 n t 14' 140' X 4' Access 10' x 16 TERMINUS DECK EL. 4' TO 5' ABOVEMHW SEAGRASS SURVEY PERFORMED 5f 9113 BY BRUCE JERNER. NO SA L OBSERVED WITHIN 50' RADIUS OF PROJECT SITE Mew {-)4' MLW WATER VEPTHS INCREASE TO CHANNEL Dmgr1C-DTuurnRbr 1 ° = 30' crncr&Assaciarv, Inc. Sheet 2 RI VERBEIVD LOT 16 1 Date- 2r27119 PALM CITY A Alfons Avt P nGi L cie. 1S7SErtljunwAvr- I'nrr5r Luric.F"Li-Ioi' Ph(m_)za3-:9i0 1r ` cam_: --tea mairPjcrw.net STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d_ All on -site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@mvFWC.com Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted_ A second sign measuring at least 8 W by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee_ Questions concerning these signs can be sent to the email address listed above.