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Home My WebLink AboutApplication for Dept of the Army PermitDEPARTMENT OF THE ARMY CORPS OF ENGINEERS JACKSONVILLE DISTRICT, 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 January 20, 2021 Regulatory Division South Branch Palm Beach Gardens Permits Section SAJ-2020-03905 (G P-J KA) APR 2 2 2c2i ST. Lucie County, Permitting Daniel Fitzpatrick 7003 S. Indian River Drive Fort Pierce, Florida 34982 dfitzpatrick(aD-sdcontracting.com Dear Mr. Fitzpatrick: The U.S. Army Corps of Engineers (Corps) assigned your application for a Department of the Army permit, which the Corps received on September 17, 2020, the file number SAJ-2020-03905. A review of the information and drawings provided indicates that the proposed work would result in the (1) removal of an existing 450 square foot covered platform measuring 25 feet long by 18 feet wide; (2) remove an existing 6.5-foot by 6.5-foot platform; (3) replace and/or repair the decking on the existing 92-foot long by 4-foot wide access walkway; (4) construct a 20-foot long by 4- foot wide ramp to connect to extended access walkway; (5) construct a 145-foot long by 4-foot wide access walkway with half inch spacing and a 10-foot long by 16-foot wide terminal platform with grated decking; (6) install 3 mooring pilings on the north side of the terminal platform; and (7) install a 14-foot by 14-foot four piling boat lift on the south side of the terminal platform. 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 within the Indian River, Waters of the United States, adjacent to 7003 South Indian River Drive, in Section 12, Township 36 South, Range 40 East, Fort Pierce, St. Lucie County, Florida. Your project, 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.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 AdO:) .3-1 -2- 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: 1. 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@usace.army.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019. The Permittee shall reference this permit number, SAJ-2020-03905 (GP-JKA), 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 2). 3. 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 (Attachment 3) 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 "Standard Manatee Conditions for In -Water Work — 2011" (Attachment 4). 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 5). 7. Daylight Hours: All activities must be completed during daylight hours. 8. Construction Location: Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel -washing is prohibited. 9. North Atlantic Right Whale: Attachment 6 describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. 10. Dock Construction Guidelines: The Permittee shall comply with the Submerged Aquatic Vegetation (SAV) section of the "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 (Attachment 7). 11. Cultural Resources: 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. -4- 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 inaccordance 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 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 Jerilyn Ashworth by telephone at 561-472-3516. 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=regulator"urvey. Please be aware -5- 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, Jerilyn Ashworth Project Manager Enclosures Copy Furnished: Danna Small CESAJ-RD-E 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-2020-03905(GP-JKA) 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. mi1. (TRANSFEREE -SIGNATURE) (SUBDIVISION) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (LOT) (BLOCK) (STREET ADDRESS) ATTACHMENT 1: 719770 yf Y �{,,�en'iP•'t8 �. ar`'i. v,. xfa` 7 5 +1 { ,� ». 805 j �R t`•- w a, PkRLOJEfT 611 �.. '� t �- .,5 S',°, t..�''n'�q°^4d `'1'�� w':'ry'''"+'r•�t`,*, x n` .-.I �!_ .�. may,.,.-• •.. _h a r,� *`��rw?tr'"* r,ro*9.^:,- e'.+ Eaj"4, irM �wILIw q9w �, ' c%8araky, .Awp:* IL 7a7 e •Li ( .. r i�',�*'^y��{'"�. .t a'`�c's "r �n'M 5y9 •"� a'.. 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In'ari.Ri6er Qp »• c3, ��`Y.ur>xs2 E • alesft ,s't'reas�{i ,k• , vw`s+ r d>.: 'ca- `'z�s », {•` ':. #+vr C s l Avg 7la n ,trait :'4 r i `,•- '� 7K y -t44 Ra �y' a 5 Ya p t O c e a nfi. lZb, F� P'u '•''::.r'xr - a o St g 5 y f'"' y �' q'4 4 fi 9 mm 1 i °'�a� "�' �� •'en�"tad. f °+ t I'�.'�.5^'�i•. ( a,�j fr e � mS q �` t , w'"�'f µft� w'�'"�,," ,� �,*�.'�`'•..�•-•r, 4j",. fa �"�,. � �, .. .... 707 f' • AIA y' 1 ri � Asa.. -�.�•� �•. t& +'am,%x(�,g�". n ,w �, ,1. it~ tms f ps la.. lly�' Ja--a3l n .•�� . � _ � ��, `v��"v��"'"��w�a � �'flp�i��r`-�'k��-��A�� 4Y,�f'.", �a� yt m a TjRon IN _ _ ik,"as,'' tw r w 7"me ,y, s f ( a''f �ts°5.,a ( t �. a, k t" .:. - m . � `km� ,. ts, �'a 1 ,a,,,,�n" .., c •^'--J� ° �w"+.!a,.t ?"#1 ,�... t�€ ` .� �r"� SECTION 12, TOWNSHIP 36 SOUTH, RANGE 40 EAST Environmental_ services,, inc..' 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 www.disenvironmentalservices.com Location Map Daniel Fitzpatrick 7003 S. Indian River Drive Fort Pierce, Florida PCN# 3412-602-0008-000-1 SCALE: N.T.S. AUGUST 2020 SHEET 1 of 5 NOTES: 1. RESOURCE SURVEY PERFORMED ON 7/29/20 BY DLS ENVIRONMENTAL SERVICES 2. ELEVATION DATUM IS MLW MLW = -1.33 NAVD MHW = -0.33 NAVD. 3. TRANSECTS EXTENDED 500' FROM MHW (NOT SHOWN FOR CLARITY) 4. DISTANCE BETWEEN SURVEY TRANSECTS 10' AND ADJACENT AREAS (5' ON EACH SIDE OF TRANSECT) WERE REVIEWED TO ENSURE COVERAGE OF THE ENTIRE AREA, 5. NO SUBMERGED RESOURCES PRESENT UNDER EXISTING DOCK ACCESS AND PLATFORM In Resource Survey with Depths Daniel Fitzpatrick Services, Inc. 7003 S. Indian River Drive 1901 swYellowtaii'Avenue Fort Pierce Florida Port Saint Lucie, FL 34953 Phone: 772-215-3997 PCN# 3412-502-0008-000-1 www.disenvironmentalservices.com SCALE: N.T.S. AUGUST 2020 FIGURE 2 Environmental. ' c 2016 Aerial Daniel Fitzpatrick - ►Jervices, _I -C 7003 S. Indian River Drive 1901 swvelloWtallAvenue Port Saint Lucie, FL 34953 Fort Pierce, Florida PCN# 3412-602-0008-000-1 Phone: 772-215-3997 www.disenvironmentalservices.com SCALE: N.T.S. AUGUST 2020 I SHEET 2 of 5 1 1 1 1 1 � 1 1 COVEREIA PLATFORM 1 1 1 1 1 6.5' X 6.5' 1 bLATFORM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 14 1 1 vl 1 X1 1 �1 ya1 m T 25' lj_ 92' i INDIAN RIVER WATERBODY WIDTH 8,600'± 1 APPROXIMATE MEAN HIGH WATER LINE 1 1 � 1 1 1 1 1 � 1 � r SHORELINE LENGTH 104t L.F. STAIRS LANDWARD OF MEAN HIGH WATER NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.33 NAVD MHW = -0.33 NAVD. 2. EXISTING DOCK STRUCTURE TOTALS 860t SQ. FT. WATERWARD OF MEAN HIGH WATER 3. RESOURCE SURVEY PERFORMED ON 7/29/20 BY DLS ENVIRONMENTAL SERVICES Environmental Existing Plan View Services, T Inc.Daniel Fitzpatrick 7003 S. Indian River Drive 1901 SW Yellowtail Avenue Fort Pierce, Florida Port Saint Lucie, FL 34953 PCN# 3412-602-0008-000-1 Phone:772-215-3997 www.disenvironmentalservices.com SCALE: 1" = 30' AUGUST 2020 I SHEET 3 of 5 INDIAN RIVER WATERBODY WIDTH 8,600'± I 16' I 1 _ _ --3.5' 10' \ _ 1 1 PROPOSED 14'±X 14'± -3.5'—' _ _ 1 \ BOAT LIFT PROPOSED 12'±X 30'± 1 1 \ MOORING AREA -3 1 1 1 A. TURBIDITY CURTAIN 1 \ \ 1 1 1 Il A \ x 01 1� \ 257' \ 1 m\ \ 1 1a bl 1 11 1 � ➢\ 1 20' 1 1 m 21\ 1\ RAMP U ; 1 41 \ 1 1 \ \ 1 1 1 1 \ 1 1 \ \ 1 APPROXIMATE 1 1 92 STING 1 1 MEAN HIGH WATER LINE 1 1 EXI1 1 1 ACCESS 1 1 1 \ 1 \ 1 1 \ 1 1 1 \ 1 % 1 l 1 1 1 1 'SHO 104+�•F• UPLAND RAMP (DETAILS TO BE DETERMINED) NOTES: i 1. ELEVATION DATUM IS MLW {� MLW = -1.33 NAVD MHW = -0.33 NAVD. • L 2. PROPOSED WORK IS TO REPAIR 92' OF EXISTING ACCES R VE EXIS ORM, CONSTRUCT A 4' WI 165' LONG DOCK EXTENSION ENDING IN A 10' BY 16' PLATFORM WITH 1 BO T LIFT AND OORING AREA 3. DOCK ADDITION TOTALS 820 SQ. FT. (INCLUDES RAMP AREA N LOCATION OF PREVIOUS PLATFORM) -PROPOSE DOCK TOTALS 1,188 SQ FT. 4. ACCESS DECKING TO CONSIST OF 2" X 6" DECK BOARDS - 1/ " SPACING PROPOSED FOR DECKING FOR ACCESS (INCLUDING ANY REPAIR OF EXISTING ACCESS) 5. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING - 43% OPEN SPACE 6. ALL NEW DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE 7. DOCK PILES FOR ADDITION 8.0 39 PILINGS), BOAT LIFT PILES AND MOORING PILES 10"0 7 PILINGS 1;?s Environmental Proposed Plan View T Daniel Fitzpatrick S ervices, Inc. 7003 S. Indian River.Drive 1901 SW Yellowtail Avenue Fort Pierce, Florida Port Saint Lucie, FL 34963 PCN# 3412-502-0008-000-1 Phone: 772-215-3997 www.disenvironmentalservices.com SCALE: 1" = 40' AUGUST 2020 SHEET 4 of 5 ld 92' IN 4 20' 145' 0' EXISTING DOCK ACCESS RAMP DOCK ACCESS ADDITION TFOR EFF EXISTING HAND RAIL TO REMAIN EXISTING DOCK ACCESS TO REMAIN 3'±ABOVE MHW MHW DOCK ACCESS ACHIEVES 5' ABOVE MHW PRIOR TO TRAVERSING SUBMERGED RESOURCES 145 L.F. OF ACCESS ADDITION (INCLUDING RAMP) TO HAVE FIXED OR ROPE HAND RAILS AND "NO MOORING" SIGNS NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.33 NAVD MHW = -0.33 NAVD. 2. PROPOSED WORK IS TO REPAIR 92' OF EXISTING ACCESS, REMOVE EXISTING PLATFORM, CONSTRUCT A 4' WIDE BY 165' LONG DOCK EXTENSION ENDING IN A 10' BY 16' PLATFORM WITH 1 BOAT LIFT AND 1 MOORING AREA 3. DOCK ADDITION TOTALS 820 SQ. FT. (INCLUDES RAMP AREA IN LOCATION OF PREVIOUS PLATFORM) - PROPOSED DOCK TOTALS 1,188 SQ FT. 4. ACCESS DECKING TO CONSIST OF 2" X 6" DECK BOARDS —1/2" SPACING PROPOSED FOR DECKING FOR ACCESS (INCLUDING ANY REPAIR OF EXISTING ACCESS) 5. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING —43% OPEN SPACE 6. ALL NEW DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE 7. DOCK PILES FOR ADDITION 8"0 (39 PILINGS). BOAT LIFT PILES AND MOORING PILES 10"0 (7 PILINGS) 1?s Environmental S ervices, Inc. 1901 SW Yellowtall Avenue Port Saint Lucie, FL 34953 Phone: 772-215-3997 www.disenvironmentalservices.com SCALE: 1"=30' Overall Cross Section View Daniel Fitzpatrick 7003 S. Indian River Drive Fort Pierce, Florida PCN# 3412-502-0008-000-1 AUGUST 2020 1 SHEET 5 of 5 ATTACHMENT 2: SAJ-2020-03905 COMMENCEMENT NOTIFICATION Within ten (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, R.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ-2020-03905(GP-JKA) 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 ATTACHMENT 3: SAJ-2020-03905 SELF -CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to sai-rd-enforcement(cDusace.army.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-2020-03905(GP-JKA) 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 ATTACHMENT 4: SAJ-2020-03905 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 ImperiledSpeciesa-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 %Z" 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. A U T 1. 0 N,:: M: AN A Tt- E. HABI:TA:T All project vessels IDLE SPEED NO WAKE When a manatee i-s wit"b[n 5.0. feet -of work all, Odtjyffl-es, M-Oftl, - SHUT DO1NN ,Report any coll-i-sippi it'h,. or jnJur'yjo.---,a manatee-:,, 1.4 fe Alert -d Wit li 1-888-404-'FWCC;(392.2.). 'Coll FWC-'or'#FWC- ATTACHMENT 5: SAJ-2020-03905 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 collisions) 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) (APA 1.) 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. ATTACHMENT 6: SAJ-2020-03905 North Atlantic Right Whale Information Form Federal Regulations Governing the Approach to North Atlantic Right Whales 1. Federal regulations governing the approach to North Atlantic right whales can be found at 50 CFR 224.103(c). It is illegal to approach and remain within 500 yards of right whales; 500 yards is equal to the distance of 5 football fields. Prohibitions on approaching right whales are as follows (Excerpts from 50 CFR 224.103(c), available at www.ecfr.gov): Unless otherwise lawfully allowed or unless doing so would create an imminent and serious threat to a person or vessel, it is unlawful to: (i) Approach (including by interception) within 500 yards (460 m) of a right whale by vessel (ii) Fail to undertake required right whale avoidance I d l measures. fun erway, a vesse must steer a course away from the right whale and immediately leave the area at a slow safe speed. 2. Updates can be downloaded from: a. http://www.nmfs.noaa.aoy/pr/species/mammals/cetaceans/rightwhale northatlantic.htm, or b. www.ecfr.gov ATTACHMET 7: SAJ-2020-03905 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 of the footprint over SAV beds. 2. The height of piling -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 stern 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, but jetting 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 term 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: 1-800-326-8842) 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 grating. November 2017 — Manufacturer of grated material updated to include Voyager Industries. DOCK EXAMPLE -WOOD PLANK TERMINAL PLATFORM 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 —August 2001 �.r W -'_ 4t 1 r -- — _ ;z�l7trril-�- 2-feet AM, e 1044 4-feet- slip/lift - _ vary. r - ?-feet 2-feet OVERHEAD PLAN VIEW The gaps between deckboards shall be a NOTES: minimum of 1 /2 inch. • Not to scale. • All widths are maximum dimension. Spacing of pilings through SAV beds shall . All heights are minimum dimension. be a minimum of 10-feet on center. Piling supported structures over SAV should be oriented north -south to the extent practicable. MIDPOINT TURNAROUND . MHW = mean high water Only for docks over 200-feet long. LIFT ONLY No roof. Vessel should be stored as high above MHW as possible. STERN WALKWAY Allowed iflift constructed. May be less than 4-feet wide if longer slip is needed. 0-feet MINIMUM HEIGHT�� v.1 No less than 5-feet above MHW 5-feet ACCESS CATWALKS 3-feet 2-feet wide if wood decking. --- ---- ---- -- c 3-feet above MHW to faciiitate R t boat access. Cantilevered off main structures; no additional pilings. FRONT PLAN VIEW VER: 201407 ,� a � P �� DOCK EXAMPLE - GRATED TERMINAL PLATFORM 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 —August 2001 f�eetg� " �4(/- d�'f f 2-feet +� 7- — = 10=fee Widthof aye may vary. 3-feet 3-feet OVERHEAD PLAN VIEW "GRATED DECKING" Means'manufactured with a minimum of 43% open space. Spacing of pilings through SAV beds shall be a minimum of 10-feet on center. — MIDPOINT TURNAROUND Only for docks over 200-feet long. LIFT ONLY No roof. Vessel should be stored as high above MHW as possible. NOTES: • Not to scale. • All widths are maximum dimension. • All heights are minimum dimension. • Piling supported structures over SAV should be oriented north -south to the, extent practicable. • MHW = mean high water STERN WALKWAY Allowed iflift constructed. May be less than 4-feet wide if longer slip is needed. -feet MINIMUM HEIGHT —� No less than 5-feet above MHW ACCESS CATWALKS 3-feet wide ifgrated decking. 3-feet above MHW to facilitate boat access. Cantilevered off main structures; no additional pilings. 5-feet 1-:: ---- ----_MHW FRONT PLAN VIEW VER: 201407 ST. LUCIE COUNTY N.T.S. I I AUGUST 2020 1 SHEET 1 of 5 tea. :;';PROJECT SITE`, 0 FIN i Environmental '2016 Aerial • Services111c. Daniel Fitzpatrick 7003 , S. Indian River Drive 1901 SwvellowtailAvenue Fort Pierce, Florida Port Saint Lucie, FL 34953 PCN# 3412-502-0008-000-1 Phone: 772-215-3997 www.disenvironmentalservices.com SCALE: N.T.S. AUGUST 2020 ' SHEET 2 of 5 1 1 ! 1 1 1 1 1 2 1 ; 1 , COVEREd PLATFORM 1 1 1 1 1 6.5' X 6.5' 1 bLATFORM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l 1 1� �1 ym 1 1 1 ` INDIAN RIVER 1 1 WATERBODY WIDTH 1 1 8,600'± 1 1 1 1 1 •�,��ply 0 1 1 `Sty + 1 1 ¢ . 1 r 1 Permit Number 1 1v 7'T 11 x 56-0392445-001-E 25' m Southeast District I 18 1 �� 1� d74VI � 1 1 1 1 1 1 1 ' 1 25' 1 92' 1 APPROXIMATE 1 MEAN HIGH WATER LINE 1 1 1 • 1 1 1 1 r SHORELINE LENGTH 104± L.F. STAIRS LANDWARD OF MEAN HIGH WATER NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.33 NAVD MHW = -0.33 NAVD. 2. EXISTING DOCK STRUCTURE TOTALS 860± SQ. FT. WATERWARD OF MEAN HIGH WATER 3. RESOURCE SURVEY PERFORMED ON 7/29/20 BY DLS ENVIRONMENTAL SERVICES E nv_ironmental Existing Plan View c Daniel Fitzpatrick services, Ii1C. 7003 S. Indian River Drive 1901 SW Yellowtail Avenue Fort Pierce, Florida Port Saint Lucie, FL 34953 PCN# 3412-502-0008-000-1 VA) r b of Phone: 772-215-3997 WWW.dlsenvironmentalservices.com SCALE: 1" = 30' AUGUST 2020 I SHEET 3 of 5 TERB RIVER WATERBODY WIDTH 8,600'± I 16' I 1 _ _ --3.5' 1 10' \ 1 1 1 _ 1 _ 1 1 PROPOSED 14'± X 14'± _ 3 -3.5' 1 \ BOAT LIFT PROPOSED 12'± X 30'± MOORING AREA 1 1 TUR C AIN 1 1 \�.�• 1 4' �A 1 1 Permit Number -2 56-0392445-001-E I \ I,m mll 257 Southeast District 4y 1 Z` 11 RAMP U , �4" � 1Z� 1 AI Ara eae- \ \ 1 1 \ 1 1 \r 25, 1 11 1 1 1 \ 1 APPROXIMATE EXISTING 1 1 92 \ 1 MEAN HIGH WATER LINE 1 \ 1 \ 1 ACCESS 1 \ 1 1 \ \ 1 \ 1 1 11 � 4 R 0,4E ENG1H \ SN +�.F• UPLAND RAMP (DETAILS TO \ BE DETERMINED) 1 NOTES: i R 1. ELEVATION DATUM IS MLW FL �L. MLW = -1.33 NAVD MHW = -0.33 NAVD. 2. PROPOSED WORK IS TO REPAIR 92' OF EXISTING ACCESS, R MOVE EXIS G PLATFORM, CONSTRUCT A 4' W IDE Y 165' LONG DOCK EXTENSION ENDING IN.A 10' BY 16' PLATFORM WITH 1 BO LIFT AND 1 MOORING AREA 3. DOCK ADDITION TOTALS 820 SQ. FT. (INCLUDES RAMP AREA N LOCATION OF PREVIOUS PLATFORM) - PROPOSED DOCK TOTALS 1,18E SQ FT. 4. ACCESS DECKING TO CONSIST OF 2" X 6" DECK BOARDS -1/2" SPACING PROPOSED BETWEEN DECK BOARDS FOR ACCESS 5. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING - 43% OPEN SPACE 6. ALL NEW DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NOWLEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE 'Environmental Proposed Plan View Daniel Fitzpatrick >S ervices, Inc. 7003 S. Indian River Drive ,9o, swNeliowtailAvenue Fort Pierce, Florida Port Saint Lucie, FL 34953 PCN# 3412-502-0008-000-1 Phone: 772-215-3997 wwwAlsenvironmentalservices.com SCALE: 1" = 40' 1 AUGUST 2020 SHEET 4 of 5 EXISTING DOCK ACCESS ADDITION ::4 === i == =_ =T I V_ IFF-3.6t MLW ==F- [ I I + I i DOCK ACCESS ACHIEVES 5' ABOVE MHW PRIOR TO TRAVERSING SUBMERGED RESOURCES 145 L.F. OF ACCESS ADDITION (INCLUDING RAMP) .EXISTING HAND RAIL TO HAVE FIXED OR ROPE HAND RAILS AND TO REMAIN "NO MOORING" SIGNS OF .9 N T t'l EXISTING DOCK ACCESS TO REMAIN T±ABOVE MHW P' 4 A Permit Number . 7 56-0392445-001-E bt d P Southeast Distric t FT. Environmental Overall Cross Section View Daniel Fitzpatrick Services, Inc. 7003 S. Indian River Drive 1901 SW Yellowtail Avenue Fort Pierce, Florida Port Saint Lucie, FL 34953 PCN# 3412-502-0008-000-1 Phone: 772-215-3997 www.disenvironmentalservices.com SCALE: 1" = 30' AUGUST 2020 SHEET 5 of 5 STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and 'the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772- 562-3909) for south Florida, and to FWC at Im erp ile fteciesgmyFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. Questions concerning these signs can be sent to the email address listed above. CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet. of work all in-wa"ter -activities must SHUT DOWN Report any collision with or injury to a manatee; Wildlife Alert 1-888-404-FWCC 3922 cell * FWC or #Mt