HomeMy WebLinkAboutFDEPFLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
April 7, 2021
David Hurd
54 Nettles Blvd
Jensen Beach, FL 34957
Re: File No.: 56-166457-001-EE
File Name: David Hurd
Dear David Hurd:
Ron DeSamis
Governor
Jeanette Nunez
Lt. Governor
Noah Valensteln
Secretary
On January 15, 2021, we received your request for verification of exemption to perform the
following activity: install a 218 sq. ft. dock with a boatlift. The project is located in the Indian
River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters,
Class II Waters, adjacent to 54 Nettles Blvd in Jensen Beach, (Section 2, Township 37 South,
Range 41 East), in Saint Lucie County (Latitude N 27' 17' 11.09", Longitude W -80' 13'
39.96").
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 did not qualify for the federal authorization of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that may be required for the activity. Please refer to the specific section(s) dealing
with that portion of the review below for advice on how to proceed.
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.
If you have any questions regarding this matter, please contact Ashley Drda at the letterhead
address or at 561-681-6671, Ashley.Drda@FloridaDEP.gov.
www.floridadeo.00v
Project No.: 56-166457-001-EE
Project Name: David Hurd
Page 2 of 7
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
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 may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, a new request 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.
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
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. 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.
Special Consent Conditions
1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and
the State of Florida from all 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.
Project No.: 56-166457-001-EE
Project Name: David Hurd
Page 3 of 7
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 provision.
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.
This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities
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 sovereignty 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 be 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.
Project No.: 56-166457-001-EE
Project Name: David Hurd
Page 4 of 7
(e) Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, threatened 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 modified 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)(f), F.A.C., or any other applicable law.
3. Federal Review - NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the
Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG
FORM 4345, or alternative as allowed by their regulations. More information on Corps
permitting may be found online in the Jacksonville District Regulatory Division Source Book at:
_h_ttps://www. saj.usace.armv.mil/Missions/Re�zulatory/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 letter. 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
Project No.: 56-166457-001-EE
Project Name: David Hurd
Page 5 of 7
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 address 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; 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 Clerkna 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).
Project No.: 56-166457-001-EE
Project Name: David Hurd
Page 6 of 7
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 parry 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 action, this waiver will not apply to persons who have not received
written notice of this action.
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, 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.
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(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.
Project No.: 56-166457-001-EE
Project Name: David Hurd
Page 7 of 7
EXECUTION AND CLERKING
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Ashley Drda
Environmental Specialist
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Project drawings, 8 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP — Jeff Meyer, Ashley Drda
Morgan Loudon - cloudon(a)bellsouth.net
Additional mailings:
Irene Arpayoglou Irene.Arpayoglou(q,dep.state. fl.us
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.
April 7, 2021
Clerk Date
Attachment A
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.,
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 the dock or pier and all associated 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 for a 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.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1) FS. History —New 10-1-13, Amended 6-1-18
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LEGAL DESCRIPTION AND CERTIFICATION
Lot 54, SECTION 11, OUTDOOR RESORTS OF AMERICA AT NETTLES ISLAND, INC. according to the Plat thereof, as recorded in Plat Book 16,
Page 1, of the Public Records of ST LUCIE County, Florida.
Community Number. 120285 Panel: 0311 Suffix: K Flood Zone: X/AE(NAVD88) Field Work: I ZWO20
Certified To:
DAVID C. HURD, ASSOCIATED TITLE & ESCROW CORP.; WFG NATIONAL TITLE INSURANCE COMPANY;
Property Address:
54 NETTLES BLVD.
JENSEN BEACH, FL 34957
Survey Number., 444992
Client File Number. 20-3124-BP
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GENERAL NOTES:
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EASEMENTS OR OTHER
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FACE OF THE WALL AND ARE NOT TO BE USED TO RECONSTRUCT
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SYMBOL DESCRIPTIONS:
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® = COVERED AREA ®LLB. = UTILITY BOX
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WORK SPECIFIED HEREIN HAS BEEN OESGNEO & ALL WORK SHALL BE IN ACCORDANCE WITH STRUCTURAL PROVSONS OF THE 7tH ENTICH 2O20 FLORIDA BUILDING CODE.
TING STRUCTURE HAS BEEN DESIGNED TO WTHSTANO WIND LOADS ASSOCIATED WITH WND SPEEDS OF V,.a- 180 MPH, V.+e = 139 MPH (3 SEC. GUST) EXPOSURE n'
A BOAT ON THE LIFT PER ASCE 7-10 USING ABOVE GROUND SIGN/WALL METHOD, THE LIFTING STRUCTURE INCLUDING BOAT HAS BEEN DESIGNED TO WITHSTAND WIND
OF Null=90 MPH IN EXPOSURE 'C' OR 80 MPH IN EXPOSURE 'D'.
OF BOAT LIFT TO EXISTING STRUCTURE AND ALL ELECTRICAL OR MECHANICAL CERTIFICATIONS ARE BY OTHERS: ENGINEER SEAL CERTIFIES ASSEMBLY OF LIFT
A GENERAL NON -SITE SPECIFIC MASTER PLAN SHEET DETAIL. TYPICAL FIELD CONDITIONS ARE ASSUMED N THE DESIGN. WOOD PILES SHALL BE
OR BETTER. SHOULD ANY SPECIFIC LOCATION DIFFER FROM THAT SPECIFIED HEREIN, OR STANDARD FIELD CONDITIONS. ADDITIONAL SPEOFIC
D AS DETERMINED BY THE BUILDING INSPECTOR AND PERMITTING CONTRACTOR. CARE SHALL BE TAKEN BY CONTRACTOR IN ALL APPLICATIONS OF
A SITE SPECIFIC DRAWING. IT IS THE RESPONSIBILITY OF OTHERS TO ENSURE THE INTEGRITY OF INSTALLATION TO THE HOST STRUCTURE.
WELD USING 5556 FILLER ALLOY. ALL WELDING MUST CONFORM TO AISC STEEL CONSTRUCTION MANUAL 13M ED AS INSPECTED AND
IS RESPONSIBLE TO INSULATE ALUMINUM MEMBERS FROM DISSIMILAR METALS TO PREVENT ELECTROLYSIS.
ALL ANCHORS TO BE HILTI BRAND OR MFR EQUIVALENT ALL BOLTS SHALL BE HOT DIPPED GALVANIMD. OR STAINLESS STEEL & MEET THE REQUIREMENTS OF ASTI A304 WN
+ARDENED WASHERS AND HEX NUTS. WASHERS SHALL BE USED BETWEEN WOOD & BOLT HEAD & BETWEEN WOOD & NUT. WHERE GENERIC FASTENERS ARE LABELED IN DETAILS,
CAPACITIES SHALL BE EQUAL TO OR GREATER THAN HILTI KWK BOLT I OB RED HEAD THRU BOLTS. EMBEDMENT DEPTHS SPECIFIED HEREIN ARE DEPTHS INTO SOLID SUBSTRATE
AND 00 NOT INCLUDE THICKNESS OF STUCCO OR OTHER FINISHES.
ALUMINUM MEMBERS IN CONTACT WIN CONCRETE AND WOOD SHALL BE PROTECTED BY-KOPPERS BITUMINOUS PAINT- OR POLYETHYLENE TAPE UHMW (ULTRA HIGH MOLECULAR
WEIGHT) uJ mils (0,30 mm) MIN. TOTAL THICKNESS IN ACCORDANCE WTN CURRENT FLORIDA BUILDING CODE. ALL WELOS PER FLORIDA BUILDING CODE,
SPECIALTY ENGINEERING SERVICES At SOLUTIONS INC. HAS NOT VSITED THIS "SITE. INFORMATION CONTAINED HEREIN IS BASED ON CONTRACTOR SUPPLIED DATA AND MEASURE
SPECIALTY ENGINEERING SERVICES_& SOLUTIONS INC. SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR ERRONEOUS OR INACCURATE DATA OR MEASUREMENTS.
NOTIFIED AND GIVEN AN OPPORTUNITY TO REEVALUATE OUR WORK UPON DISCOVERY OF ANY INACCURATE INFORMATION
AND FABRICATION AND INSTALLATION OF MATERIALS.
iGINEERING SEAL AFFIXED HERETO VALIDATES STRUCTURAL DESIGN AS SHOWN ONLY USE OF MIS SPECIFICATION BY CONTRACTOR, et. al. NDEMNIRES & SAVES
,RULESS THIS ENGINEER FOR ALL COSTS & DAMAGES INCLUDING LEGAL FEES & APPELLATE FEES RESULTING FROM MATERIAL FABRICATION. SYSTEM ERECTION & CONSTRUCTION
IACTICES BEYOND THAT WHICH IS CALLED FOR BY LOCAL STATE. & FEDERAL CODES & FORM DEVATIONS OF THIS PLAN, EXCEPT AS EXPRESSLY PROVIDED IN HEREIN. NO
RTIFICATION OR AFFIRMATIONS ARE INTENDED.
THIS SPECIFICATION SHEET GOOD ONLY AT THIS NAME AND ADDRESS
NND WTHOUT HURRICANE SEAL OVER NAME
NAIL I T? '.
Oscar Merinud�i DATE:
ADDRESS. z ' r - Req:. APHdo No. 39t4t •.
CITY- ; F STATE, ?TP1=:�t'.'I s ,.>
HURRICANE BOAT LIFTS
3301 S.E. Stater Street 2237 B&B Engineering Woods Edge. CiAcle "-
Stuart, Ftoridn 34997 Orlando, FL 32817, ,
(772)-781-2556
Fax (772)-781-4854
-001-EE
District
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
4400 PGA BOUELVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
March 11, 2021
Regulatory Division
South Branch
Palm Beach Gardens Section
SAJ-2021-00304 (GP-CGK)
David Hurd
54 Nettles Boulevard
Jensen Beach, Florida 33957
Dear Mr. Hurd:
The U.S. Army Corps of Engineers (Corps) assigned your application for a
Department of the Army permit, which the Corps received on January 15, 2021, the file
number SAJ-2021-00304 (GP-CGK). A review of the information and drawings
provided indicates that the proposed work would result in removing the existing mooring
piles and installing a new 218 square foot dock with grated decking consisting of a 17
foot by 4 foot access pier and 10 foot by 15 foot terminal platform and a new 4-post
uncovered boatlift. The activities subject to this permit are authorized pursuant to
authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403).
The project is located at 54 Nettles Boulevard, in Section 03, Township 37 South,
Range 41 East, Jensen Beach, Florida.
Your project, as depicted on the enclosed drawings, is authorized by Regional
General Permit (GP) SAJ-20 and its subsequent modifications, if applicable. 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:
hftp://www.saj.usace.army.mil/Missions/Regulatory.aspx
Please be aware this Internet address is case sensitive; and, you will need to enter it
exactly as it appears above. Once there you will need to click on "Source Book'; and,
then click on "General Permits." Then you will need to click on the specific SAJ permit
noted above. You must comply with all of the special and general conditions of the
permit; and, any project -specific conditions noted below, or you may be subject to
enforcement action. The following project -specific conditions are included with this
authorization:
M
Reporting Address: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special
conditions of this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement(a)usace.army. miI
(not to exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
The Permittee shall reference this permit number, SAJ-2021-00304 (GP-
CGK) on all submittals.
2. Commencement Notification: Within 10 days from the date of initiating the
work authorized by this permit the Permittee shall submit a completed
"Commencement Notification" Form (Attachment B).
3. Self -Certification Statement of Compliance: Within 60 days of completion of
the work authorized by this permit, the Permittee shall complete the attached
"Self -Certification Statement of Compliance" form (Attachment C) 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.
4. Assurance of Navigation and Maintenance: The Permittee understands
and agrees that, if future operations by the United States require the
removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction
to the free navigation of the navigable waters, the Permittee will be required,
upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without
expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
-3-
5. Manatee Conditions: The Permittee shall comply with the enclosed
(Attachment D) "Standard Manatee Conditions for In -Water Work — 2011.
6. Project Design Criteria (PDCs) for In -Water Activities: The Permittee shall
comply with National Marine Fisheries Service's "PDCs for In -Water
Activities" dated November 20, 2017 (Attachment E).
7. Dock Construction Guidelines: The Permittee shall comply with the "Dock
Construction Guidelines in Florida for Docks or Other Minor Structures
Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove
Habitat — U.S. Army Corps of Engineers/National Marine Fisheries Service —
November 2017 (Attachment F).
8. Daylight Hours: All activities must be completed during daylight hours.
9. Construction Location: Project construction shall take place from uplands
or from floating equipment (e.g., barge) with clearance to access the site;
prop or wheel -washing is prohibited.
10. North Atlantic Right Whale: Attachment G describes the presence of
North Atlantic right whales in the area and the Federal regulations
governing the approach to North Atlantic right whales.
11. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties
listed in the National Register of Historic Places (NRHP) or those eligible
for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within
the permit area, there are archaeological/cultural materials encountered
which were not the subject of a previous cultural resources assessment
survey (and which shall include, but not be limited to: pottery, modified
shell, flora, fauna, human remains, ceramics, stone tools or metal
implements, dugout canoes, evidence of structures or any other physical
remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all
work and ground -disturbing activities within a 100-meter diameter of the
discovery and notify the Corps within the same business day (8 hours).
e2
The Corps shall then notify the Florida State Historic Preservation Officer
(SHPO) and the appropriate Tribal Historic Preservation Officer(s)
(THPO(s)) to assess the significance of the discovery and devise
appropriate actions.
c. Additional cultural resources assessments may be required of the
permit area in the case of unanticipated discoveries as referenced in
accordance with the above Special Condition ; and if deemed necessary
by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33
CFR 325, Appendix C (5). Based, on the circumstances of the discovery,
equity to all parties, and considerations of the public interest, the Corps
may modify, suspend or revoke the permit in accordance with 33 CFR
Part 325.7. Such activity shall not resume on non-federal lands without
written authorization from the SHPO for finds under his or her jurisdiction,
and from the Corps.
d. In the unlikely event that unmarked human remains are identified on
non-federal lands, they will be treated in accordance with Section 872.05
Florida Statutes. All work and ground disturbing activities within a 100-
meter diameter of the unmarked human remains shall immediately cease
and the Permittee shall immediately notify the medical examiner, Corps,
and State Archaeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity to all parties, and considerations of
the public interest, the Corps may modify, suspend or revoke the permit in
accordance with 33 CFR Part 325.7. Such activity shall not resume
without written authorization from the State Archaeologist and from the
Corps.
This authorization does not obviate the necessity to obtain any other Federal, State,
or local permits, which may be required. Prior to the initiation of any construction,
projects qualifying for this NWP/RGP permit must qualify for an exemption under
section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable
permit required under Part IV of Chapter 373, F.S., by the Department of Environmental
Protection, a water management district under section 373.069, F.S., or a local
government with delegated authority under section 373.441, F.S., and receive Water
Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence
(CZCC) or waiver thereto, as well as any authorizations required for the use of state-
owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S.
You should check State -permitting requirements with the Florida Department of
Environmental Protection or the appropriate water management district.
1*2
This authorization does not include conditions that would prevent the 'take' of a state -
listed fish or wildlife species. These species are protected under sec. 379.411, Florida
Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish
and wildlife species designated as species of special concern or threatened by the State
of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife
Conservation Commission (FWC). You can visit the FWC license and permitting
webpage (http://www.myNvc.com/license/wildlife/) for more information, including a list
of those fish and wildlife species designated as species of special concern or
threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains
updated lists, by county, of documented occurrences of those species.
This authorization does not give absolute Federal authority to perform the work as
specified on your application. The proposed work may be subject to local building
restrictions mandated by the National Flood Insurance Program. You should contact
your local office that issues building permits to determine if your site is located in a
flood -prone area, and if you must comply with the local building requirements mandated
by the National Flood Insurance Program.
If you are unable to access the internet or require a hardcopy of any of the conditions,
limitations, or expiration date for the above RGP(s), please contact Christian Karvounis
by e-mail at Christian.G.Karvounis@usace.army.mil or by telephone at 561-472-3508.
Thank you for your cooperation with our permit program. The Corps' Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware
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,
Christian Karvounis
Project Manager
Enclosures:
Attachment A: Drawings
U.
Attachment B: Commencement Notice Form
Attachment C: Self Certification Form
Attachment D: Manatee Conditions
Attachment E: PDC's
Attachment F: Dock Construction Guidelines
GENERAL CONDITIONS
33 CFR PART 320-330
1. The time limit for completing the work authorized ends on the dates identified in the
letter.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2021-00304 (GP-CGK)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970,
Jacksonville, FL 32232-0019 or by electronic mail at
saj-rd-enforcement@usace.army.mil.
(TRANSFEREE -SIGNATURE) (SUBDIVISION)
(DATE) (LOT) (BLOCK)
(STREET ADDRESS)
(NAME -PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
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LEGAL DESCRIPTION AND CERTIFICATION
Lot 54, SECTION II, OUTDOOR RESORTS OF AMERICA AT NETTLES ISLAND, INC. according to the Plat thereof, as recorded in Plat Book 16,
Page 1, of the Public Records of ST LUCIE County, Florida.
Community Number.., 120285 Panel: 0311 Suffix., K Flood Zone: X/AE(NAVD88) Field Work: 12/3/2020
Certified To:
DAVID C. HURD, ASSOCIATED TITLE & ESCROW CORP.; WFG NATIONAL TITLE INSURANCE COMPANY;
Property Address:
54 NETTLES BLVD.
JENSEN BEACH, FL 34957
Survey Number: 444992
Client File Number. 20-3124-BP
ABBREVIATION DESCRIPTION:
SYMBOL DESCRIPTIONS:
A.E.
ANCHOR EASEMENT F.F. EL FINISH FLOOR ELEVATION O.R.B. OFFICIAL RECORDS BOOK
A/C
B.M.
AIR CONDITIONER F.I.P. FOUND IRON PIPE (P) PLAT
BENCHMARK F.I.R. FOUND IRON ROD P.B. PLAT BOOK
FE7M =CATCH BASIN o--=MISC. FENCE
B.R.
(C)
BEARING REFERENCE F.P.K. FOUND PARKER-KALON NAIL P.C. POINT OF CURVATURE
CALCULATED (L) LENGTH P.C.C. POINT OF COMPOUND CURVE
= CENTERLINE ROAD 0 = PROPERTY CORNER
a
CENTRAL/DELTA ANGLE LAE LIMITED ACCESS EASEMENT P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
®=COVERED AREA ®U'B UTILITY BOX
CH
(D)
CHORD LM.E LAKE MAINTENANCE EASEMENT
DEED I DESCRIPTION (M) MEASURED/FIELD VERIFIED P.R.C. POINT OF AN
+-AO= EXISTING ELEVATION CdA =UTILITY POLE
D.E
D.H.
DRAINAGE EASEMENT M.H. MANHOLE POINT OF TENCYU�
DRILL HOLE N&.D NAIL & DISK RAN RIGHT-OF-WAY
�-Y
svr = HYDRANT ®" = WATER METER
DIW
DRIVEWAY N.R. NOT RADIAL (R) RADIAL I RADIUS
sO =MANHOLE WELL
E.O.W.
EDGE OF WATER N.T.S. NOT TO SCALE ROD
F.C.M.
FOUND CONCRETE MONUMENT O.H.L. OVERHEAD UTILITY LINES T.O.B. TOPIRON OF
—'—=METAL FENCE —"—=WOOD FENCE
U.E.UTILITY EASEMENT
PAGE I OF 2 PAGES
(NOTCOMFI WI OUTPAGE2)
GENERAL NOTES:
LEGAL DESCRIPTION PROVIDED BY OTHERS
w
K GET
21)
THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER
-
RECORDED ENCUMBRANCES NOT SHOWN THE PLAT.
mT 7L^�7TAT/"� T -� n
3)
FOUNDATIONS
PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS
S1
�.7111LY 1ii 11�1�J�LtL�.+
WERE NOT LOCATED.
WERE NOT LOCATED.
A Z:
4)
WALL TIES ARE TO THE FACE OF THE WALL AND ARE NOT TO BE USED TO RECONSTRUCT
LB #7893
BOUNDARY LINES.
5)j
ONLY VISIBLE ENCROACHMENTS LOCATED.
SERVING FLORIDA
8)
DIMENSIONS SHOWN ARE PLAT AND MEASURED UNLESS OTHERWISE SHOWN.
7�)
FENCE OWNERSHIP NOT DETERMINED.
6260 N. MILITARY TRAIL, SUITE 102
DRAPHEREONDECIMALS ARE IN FEET AND
CREPRESENTATIONS
WEST PALM BEACH, FL 33407
9)
IN SOMTIONS E INSTANCES, HAVE N EXA GERATED TO MORE
PHONE 00
CLEARLY ILLUSTRATE RELATIONSHIPS BETWEEN PHYSICAL IMPROVEMENTS AND/OR LOT LINES
PHO561) NE
STATEWIDE PHONE (800) 2264807
D) 22
IN ALL CASES, DIMENSIONS SHALL CONTROL THE LOCATION OF THE IMPROVEMENTS OVER
SCALED POSITIONS.
STATEWIDE FACSIMILE (SM)741-0576
WEBSITE: hftp:/ttargetsuNeAng.net
BOUNDARYSURVEY
SURVEY NOTES
UONCRETEUIWE CROSSING INTO RIW
DNNUK I HLRtY`SIDE OF LOT.
No. 5415 e\m\
SURVEYORS CERTIFICATE
W I
I HEREBY CERTIFY THAT THIS BOUNDARYSURVEY
IS A TRUE AND CORRECT REPRESENTATION OFA
SURVEY PREPARED U NDER MY DIRECTION.
NOT VALID WITHOUT AN AUTHENTICATED ELECTRON
STATE OF
_ p ,./
SIGNATURE AND AUTHENTICATED ELECIRONICSEA.,
OR A RAISED EMBOSSED SEX AND SIGNATURE
I..'. (SIGNED)
I j KENNETH J OSBORNE
SURVEYOR AND 0'f �htPLEIGOAi'k1DiJ1VAGS MPPPERN6l15 (N 1)
SURVEYING, U C
LB #7893
SERVING FLORIDA
6250 N. MILITARY TRAIL, SUITE 102
WEST PALM BEACH, FL 33407
PHONE (561)64UMO
STATEWIDE PHONE (80D)2264807
STATEWIDE FACSIMILE (800)741-0576
WEBSITE: hdp:ftrgetsurveying.net
HURRICANE BOAT LIFTS
CATEGORY-5 VERTICAL LIFTS ENGINEERING SPECIFICATIONS
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WORK SPECIFIED HEREIN HAS BEEN DESIGNED & ALL WORK SHALL BE IN ACCORDANCE NTH STRUCTURAL PROMSONS OF ME )LN EDITION 2020 FLORIDA BUILDING CODE.
AND SPEEDS OF Vaa= 180 MPH, VaP . 139 MPH (3 SEC. GUST) EXPOSURE 'D'
ME LIFTING STRUCTURE INCLUDING BOAT HAS BEEN DESIGNED TO WITHSTAND AND
OF 80AT LIFT TO EXISTING STRUCTURE AND ALL ELECTRICAL OR MECHANICAL CERTIFICATIONS ARE BY OTHERS: ENGINEER SEAL CERTIFIES ASSEMBLY OF LIFT
ARE ASSUMED IN ME DESIGN. WOOD PILES SHALL BE
STANDARD FIELD CONDITIONS, ADDITIONAL SPECIFIC
ALL BE TAKEN BY CONTRACTOR IN ALL APPUCATIONS OF
TY OF INSTALLATION TO THE HOST STRUCTURE.
.TERIAL 6061 T6 ALUMINUM
L WELDS ARE MIN. V4' FULL FILLET WELD USING 55M FILLER ALLOY. ALL WELDING MUST CONFORM TO AISC STEEL CONSTRUCTION MANUAL 13M ED AS INSPECTED AND
RIRED BY OTHERS. E CONTRACTOR IS RESPONSIBLE TO INSULATE ALUMINUM MEMBERS FROM DISSIMILAR METALS TO PREVENT ELECTROLYSIS.
STENERS
L ANCHORS TO BE HILT BRAND OR MFR EQUIVALENT ALL BOLTS SHALL BE HOT DIPPED GALVANt2E0. OR STAINLESS STEEL & MEET ME REQUIREMENTS OF ASTM A304 WITH
ROENED WASHERS AND HEX NUTS. WASHERS SHALL BE USED BETWEEN WOOD Zr BOLT HEAD & BETWEEN WOOD & NUT. WERE GENERIC FASTENERS ARE LABELED IN DETAILS,
PACITIES SHALL BE EQUAL TO OR GREATER THAN MIKWK BOLT II OR RED HEAD MRU BOLTS. EMBEDMENT DEPTHS SPECIFIED HEREIN ARE DEPTHS INTO SOLID SUBSTRATE
ID 00 NOT INCLUDE THICKNESS OF STUCCO OR OTHER FINISHES.
UMINUM MEMBERS IN CONTACT NTH CONCRETE AMC WOOD SHALL BE PROTECTED BY "KOPPERS BITUMINOUS PAINT- OR POLYETHYLENE TAPE UHMW (ULTRA HIGH MOLECULAR
IGRT) 11.7 mils (030 mm) MIN. TOTAL THICKNESS IN ACCORDANCE WTH CURRENT FLORIDA BUILDING CODE. ALL WELDS PER FLORIDA BUILDING CODE.
ECIALTY ENGINEERING SERMCES & SOLUTIONS INC. HAS NOT LISTED THIS JOBSTE INFORMATION CONTAINED HEREIN IS BASED ON CONTRACTOR SUPPLIED DATA AND MEASUREI
ECIALTY ENGINEERING SERMCES & SOLUTIONS INC. SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR ERRONEOUS OR INACCURATE DATA OR MEASUREMENTS.
IRK SHALL BE VERIFIED PRIOR TO CONSTRUCTION.
ECIALTY ENGINEER SERMCES & SOLUTIONS. SHALL BE NOTIFIED AND GIVEN AN OPPORTUNITY TO REEVALUATE OUR WORK UPON DISCOVERY Of ANY INACCURATE INFORMATION
IOR TO MODIFICATION OF EXISTING FIELD CONDITIONS AND FABRICATION AMC INSTALLATION OF MATERIALS,
GINEERINC SEAL AFFIXED HERETO VALIDATES STRUCTURAL DESIGN AS SHOWN ONLY USE OF THIS SPECIFICATION BY CONTRACTOR, el. al. INDEMNIFIES & SAVES
RMLESS MIS ENGINEER FOR ALL COSTS & DAMAGES INCLUDING LEGAL FEES & APPELLATE FEES RESULTING FROM MATERIAL FABRICATION. SYSTEM ERECTION & CONSTRUCTION
ACTICES BEYOND THAT WHICH IS CALLED FOR BY LOCAL. STATE. & FEDERAL CODES & FORM DENATIONS OF MIS PLAN, EXCEPT AS EXPRESAY FRONDED IN HEREIN, NO
RTIFICATION OR AFFIRMATIONS ARE INTENDED. 1..
THIS SPECIFICATION SHEET GOOD ONLY AT MIS NAME AND ADDRESS
VDID WITHOUT HURRICANE SEAL OVER NAME -. •-
NAME, i J L T' C•
�.: / Oscar M oirrhud-q DIE' DATE:
ADDRESS, v - Reg.. Flor10a No. -55141
CITY- _ STATE,
— a,a
HURRICANE BOAT LIFTS B&9 Engineering„
3301 S.E. Stater Street 2237 woods Edge. CiFCIe
Stuart, Florlda 34997 Orlando, FL 32817. -
(772)-781-2556 -- "
Fax (772)-781-4854 -
COMMENCEMENT NOTIFICATION
Within 10 days of initiating the authorized work, submit this form via electronic mail to saj-
rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to
U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1. Department of the Army Permit Number: SAJ-2021-00304 (GP-CGK)
2. Permittee Information:
Name:
Email:
Address:
Phone:
3. Construction Start Date:
4. Contact to Schedule Inspection:
Name:
Email:
Phone:
Signature of Permittee
Printed Name of Permittee
Date
Dated 9/18/2019
SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Within 60 days of completion of the authorized work, submit this form via electronic mail to
sai-rd-enforcement(o)usace.armv.mil (preferred, not to exceed 15MB) or by standard mail to U.S.
Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
1. Department of the Army Permit Number: SAJ-2021-00304 (GP-CGK)
2. Permittee Information: Name:
Email:
Address:
Phone:
3. Date Authorized Work Started: Completed:
4. Contact to Schedule Inspection: Name:
Email:
Phone:
5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands,
docks, dredging, etc.):
6. Acreage or Square Feet of Impacts to Waters of the United States
7. Describe Mitigation completed (if applicable):
8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
I certify that all work and mitigation (if applicable) was done in accordance with the limitations
and conditions as described in the permit. Any deviations as described above are depicted on
the attached drawing(s).
Signature of Permittee
Printed Name of Permittee
Date
Dated 9/18/2019
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(i .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'/i' 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.
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U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological
Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities
November 20, 2017
1) (AP.7.) Education and Observation: The permittee must ensure that all personnel
associated with the project are instructed about the potential presence of species
protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site
project personnel are responsible for observing water -related activities for the
presence of protected species. All personnel shall be advised that there are civil and
criminal penalties for harming, harassing, or killing ESA -listed species or marine
mammals. To determine which species may be found in the project area, please
review the relevant Protected Species List at:
http://sero.nmfs.noaa.gov/protected resources/section 7/threatened endangered/in
dex.html
2) (AP.8.) Reporting of interactions with protected species:
a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon
occurring during the construction of a project, shall be reported immediately to
NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to
takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.
b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email
Sawfish@MyFWC.com
c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email
nmfs.ser.sturgeonnetwork@noaa.gov
d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-
877-WHALE HELP (1-877-942-5343).
e) North Atlantic right whale: Report injured, dead, or entangled right whales to the
USCG via VHF Channel 16.
3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must
watch for and avoid collision with species protected under the ESA and MMPA.
Vessel operators must avoid potential interactions with protected species and
operate in accordance with the following protective measures:
a) Construction Equipment:
i) All vessels associated with the construction project shall operate at "Idle
Speed/No Wake" at all times while operating in water depths where the draft
of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in
all depths after a protected species has been observed in and has departed
the area.
ii) All vessels will follow marked channels and/or routes using the maximum
water depth whenever possible.
iii) Operation of any mechanical construction equipment, including vessels, shall
cease immediately if a listed species is observed within a 50-ft radius of
construction equipment and shall not resume until the species has departed
the area of its own volition.
iv) If the detection of species is not possible during certain weather conditions
(e.g., fog, rain, wind), then in -water operations will cease until weather
conditions improve and detection is again feasible.
b) All Vessels:
i) Sea turtles: Maintain a minimum distance of 150 ft.
ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).
iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike
Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10
knots or less in Seasonal Management Areas
(http://www.fisheries.noaa.gov/pr/shipstrike/).
iv) Mariners shall check various communication media for general information
regarding avoiding ship strikes and specific information regarding right whale
sightings in the area. These include NOAA weather radio, USCG NAVTEX
broadcasts, and Notices to Mariners.
v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right
whales], and porpoises): Maintain a minimum distance of 300 ft.
vi) When these animals are sighted while the vessel is underway (e.g., bow -
riding), attempt to remain parallel to the animal's course. Avoid excessive
speed or abrupt changes in direction until they have left the area.
vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine
mammals are observed, when safety permits.
4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be
monitored and controlled. Prior to initiating any of the work covered under this
Opinion, the Permittee shall install turbidity curtains as described below. In some
instances, the use of turbidity curtains may be waived by the USACE project
manager if the project is deemed too minimal to generate turbidity (e.g., certain
ATON installation, scientific survey device placement, marine debris removal) or if
the current is too strong for the curtains to stay in place. Turbidity curtains
specifications:
a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of
the bottom around all work areas that are in, or adjacent to, surface waters.
b) Use these turbidity barriers throughout construction to control erosion and
siltation and ensure that turbidity levels within the project area do not exceed
background conditions.
c) Position turbidity barriers in a way that does not block species' entry to or exit
from designated critical habitat.
d) Monitor and maintain turbidity barriers in place until the authorized work has
been completed and the water quality in the project area has returned to
background conditions.
e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry
Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm
Bay south to central Biscayne Bay in the lagoon systems on the east coast of
Florida):
i) Projects that include upland earth moving (e.g., grading to install a building or
parking lot associated with a dock and seawall project), must install sediment
control barriers to prevent any upland sediments from reaching estuarine or
marine waters.
ii) The turbidity curtain requirement cannot be waived for any project that moves
or removes sediment (e.g., dredging, auger to create a pile, trenching to
install a cableline). If turbidity curtains are not feasible in an area based on
site conditions such as water current, high wave action, or stormy conditions,
the project must undergo individual Section 7 consultation and is not covered
under this Programmatic Opinion.
5) (AP.11.) Entanglement: All turbidity curtains and other in -water equipment must be
properly secured with materials that reduce the risk of entanglement of marine
species (described below). Turbidity curtains likewise must be made of materials
that reduce the risk of entanglement of marine species.
a) In -water lines (rope, chain, and cable, including the lines to secure turbidity
curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy
metal chains or heavy cables that do not readily loop and tangle. Flexible in -
water lines, such as nylon rope or any lines that could loop or tangle, must be
enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line
from looping and tangling. In all instances, no excess line is allowed in the water.
b) Turbidity curtains and other in -water equipment must be placed in a manner that
does not entrap species within the construction area or block access for them to
navigate around the construction area.
Construction Guidelines in Florida for Minor Piling -Supported Structures Constructed in
or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat
U.S. Army Corps of Engineers/National Marine Fisheries Service
November 2017
Submerged Aquatic Vegetation:
1. Avoidance. The piling -supported structure shall be aligned so as to minimize the size ofthe footprint over SAV beds
2. The height of pilin, supported structure shall be a minimum of 5 feet above MHW/OHW as measured from the top
surface of the decking.
3. The width of the piling -supported structure is limited to a maximum of feet. A turnaround area is allowed for piling -
supported structures greater than 200 feet in length. The turnaround is limited to a section of the piling -supported
structure no more than 10 feet in length and no more than 6 feet in width. The turnaround shall be located at the
midpoint of the piling -supported structure.
4. Over-SAV bed portions of the piling -supported structure shall be oriented in a north -south orientation to the maximum
extent that is practicable.
5. a. If possible, terminal platforms shall be placed in deep water, waterward of SAV beds or in an area devoid of SAV
beds.
b. If a terminal platform is placed over SAV areas and constructed of grated decking, the total size of the platform shall
be limited to 160 square feet. The grated deck material shall conform to the specifications stipulated below. The
configuration of the platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to
the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The
long axis of the platform should be aligned in a north -south direction to the maximum extent that is practicable.
c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform shall be
limited to 120 square feet. The configuration of the platform shall be a maximum of 6 feet by 20 feet of which a
minimum 4-foot wide by 20-Foot long section shall conform to the 5-foot height requirement. A section may be placed 3
feet above MHW to facilitate boat access. The 3 feet above MHW section shall be cantilevered. The long axis of the
platform should be aligned in a north -south direction to the maximum extent that is practicable. If the 3feet above MHW
section is constructed with grating material, it may be 3 feet wide.
6. One uncovered boat lift area is allowed. A narrow catwalk (2 feet wide if planks are used, 3 feet wide if grating is
used ) may be added to facilitate boat maintenance along the outboard side of the boat lift and a 4-foot wide walkway
may be added along the stem end of the boat lift, provided all such walkways are elevated 5 feet above MHW. The
catwalk shall be cantilevered from the outboard mooring pilings (spaced no closer than 10 feet apart).
7. Pilings shall be installed in a manner which will not result in the formation of sedimentary deposits("donuts" or
"halos") around the newly installed pilings. Pile driving is the preferred method of installation, butjetting with a low
pressure pump may be used.
8. The spacing of pilings through SAV beds shall be a minimum of 10 feet on center.
9. The gaps between deckboards shall be a minimum of %, inch.
October 2002 - Grid Specifications and Suppliers Section modified to add an additional vendor of materials.
February 2003 — Manufacturer name changed from ChemGrate to FiberGrate
May 2003 - The terms dock and pier were removed and replaced by the tern piling -supported structure, to clarify our intent.
March 2008 — Added requirement for 43% open space in grids; added additional manufacturer of grating.
November 2017 — Manufacturer of grated material updated to include Voyager industries.
Marsh:
1. The piling -supported structure shall be aligned so as to have the smallest over -marsh footprint as practicable.
2. The over -marsh portion of the piling -supported shall be elevated to at least 4 feet above the marsh floor.
3. The width of the piling -supported is limited to a maximum of 4 feet. Any exceptions to the width must be
accompanied by an equal increase in height requirement.
Mangroves.
1. The width of the piling -supported structure is limited to a maximum of 4 feet.
2. Mangrove clearing is restricted to the width of the piling supported structure.
3. The location and alignment of the piling -supported structure should be through the narrowest area of the mangrove
fringe.
Grid Specifications and Suppliers
The following information does not constitute a U.S. Army Corps of Engineers endorsement or advertisement for
any particular provider and is provided only as an example for those interested in obtaining these materials for
piling -supported structure construction. Light -transmitting materials are made of various materials shaped in the
form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. All light -transmitting
materials used in construction for minor piling -supported structures shall have a minimum of forty-three (43)
percent open space.
A type of fiberglass grate panel is manufactured by SeaSafe (Lafayette, LA; phone: I-800-326-8842) and FiberGrate
(1-800-527-4043). A type of plastic grating is manufactured by ThruFlow Interlocking Panels (1-888-478-3569).
Plastic grate panels are also distributed by Southern Pine Lumber Company (Stuart, FL; 772-692-2300). Grated
panels can be obtained from Titan Deck/Voyager Industries (Brandon, MN; 877-207-4136; www.titandeck.net).
Panels are available in a variety of sizes and thicknesses. For safety, the grate should contain an anti -slip texture
which is integrally molded into the top surface. The manufacturer or local distributor should be consulted to ensure
that the load -bearing capacity of the selected product is sufficient to support the intended purpose. Contact the
manufacturer(s) for product specifications and a list of regional distributors.
October 2002 -Grid Specifications and Suppliers Section modified to add an additional vendor of materials.
February 2003 — Manufacturer name changed from ChemGrate to FiberGrate
May 2003 - The terms dock and pier were removed and replaced by the term piling -supported structure, to clarify our intent.
March 2008 — Added requirement for 43% open space in grids; added additional manufacturer of gating.
November 2017 — Manufacturer of grated material updated to include Voyager Industries.
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