HomeMy WebLinkAboutLetter; Dept of the ArmyDEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
February 23, 2021
REPLY TO
ATTENTION OF
Regulatory Division
Palm Beach Gardens Section
SAJ-2004-01672(G P-J LA)
Maurice Splain III
123 Cypress Tree
Royal Palm Beach, FL 33411
Dear Mr. Splain III:
Your application for a Department of the Army permit received on November 22,
2020 has been assigned number SAJ-2004-01672 (GP-JLA). A review of the
information and drawings provided shows the applicant requests to:
1.. Install a new 4-foot by 222 foot (888 square feet) access walkway and a 8-
foot by 14-foot terminal platform (112 square feet), with (53) 8-inch wooden
pilings. The landward 150 linear feet of the access walkway will be
constructed of wood decking with % inch spacing, and the waterward 72 feet
of the access walkway and terminal platform will be grated decking to allow
43% open space. The dock will be elevated 5-feet above the mean high water
line.
2. Install three (3)10-inch wooden mooring pilings to accommodate a 26-foot
boat.
3. Install a boat lift within the mooring area and four (4)10-inch pilings.
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.0 § 403). The project is located in the
waters of the United States within the Indian River adjacent to 9895 S Indian River Dr,
in Section 29, Township 36 South Range 41 East, Fort Pierce, St. Lucie County,
Florida.
Your project, as depicted on the enclosed drawings, is authorized by Regional
General Permit (GP) SAJ-20 for the work associated with the dock. This authorization
is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatl�
Division Internet page to view the special and general conditions for SAJ-20, whi
apply specifically to this authorization. The Internet URL address is: �F``
hftp://www.sag.usace.army.mil/Missions/Regulatory.asp
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
-2-
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, FL 32232-0019.
c. The Permittee shall reference this permit number, SAJ-2004-01672(GP-JLA), on
all submittals.
2. Self -Certification: Within 60 days of completion of the work authorized by this
permit, the Permittee shall complete the attached Self -Certification Statement of
Compliance" form (Attachment B) and submit it to the Corps. In the event that the
completed work deviates in any manner from the authorized work, the Permittee shall
describe the deviations between the work authorized by this permit and the work as
constructed on the "Self -Certification Statement of Compliance" form. The description
of any deviations on the "Self -Certification Statement of Compliance" form does not
constitute approval of any deviations by the Corps.
3. 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 C).
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.
5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment D)
"Standard Manatee Conditions for In -Water Work — 2011."
-3-
6. Project Design Criteria (PDCs) for In Water Activities: Structures autnonzea
under this permit must comply with all applicable PDCs, (Attachment E) based on the
permitted activity, as required by JAXBO. Please note that failure to comply with the
applicable PDCs, where a take of listed species occurs, would constitute an
unauthorized take, and noncompliance with this permit. The NMFS is the appropriate
authority to enforce the terms and conditions of JAXBO. The most current version of
JAXBO can be accessed at the Jacksonville District Regulatory Division internet
webpage in the Endangered Species section of the Sourcebook located at:
httD://www.sai.usace.armv.mil/Missions/Requlatorv/SourceBook.aspx
7. Docks or Other Minor Structures Constructed In Florida: 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 F),
and the Construction Conditions for Docks or Other Minor Structures constructed in or
Over Johnson's Seagrass (Halophila johnsonii) from the !National Marine Fisheries
Service/U.S. Army Corps of Engineers", dated October 2002 (Attachment G).
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); prop or wheel -washing is prohibited.
10.Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties listed in
Natiod*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.
WE
c. Additional cultural resources assessments may be required of the perrrit area ji
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 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 intemst or require a hardcopy of any of the conditions,
limitations, or expiration date for the above referenced NWP and RGP, please contact
Jennifer Alexander by email at Jennifer. L.Alexander(cD-usace.army.mil or by telephone at
561-472-3526.
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://Gorpsmapu.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.
-5-
Sincerely,
Jennifer L Alexander
Project Manager
Enclosures
Attachment A:
Drawings
Attachment B:
Self -Certification Statement of Compliance
Attachment C:
Commencement Notification
Attachment D:
Manatee Conditions for In -Water Work
Attachment E:
JAXBO PDC's for In -Water Activities
Attachment F:
Dock Construction Guidelines in Florida for Minor Structures over SAV
Attachment G:
Construction Conditions for Docks in Florida Over Johnson's Seagrass
Copies Furnished:
Danna Small <agent>—danna@dlsenvironmentalservices.com
CESAJ-RD-PE
GENERAL CONDITIONS
33 CFR PART 320-330
PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986
1. The time limit for completing the work authorized ends on date identified -in the
letter. If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one month
before the above date is reached.
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 of 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.
6. 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-2020-04518(NW/GP-JLA)
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, Post Office Box
4970, Jacksonville, FL 32232-0019 or 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)
ST. LUCIE COUNTY
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SECTION 29, TOWNSHIP 36 SOUTH, RANGE 41 EAST
1?s Environmental
Services, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone:772-2153997 Fax:772-879-4520
www.disenvironmentalservices.com
SCALE:
Location Map
Maurice Splain Ill & Elizabeth Stolkowski
9895 S. Indian River Drive
Fort Pierce, Florida
PIN 3529-223-0002-000-2
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DEPTH CONTOURS - -
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i
NOTES:
1. ELEVATION DATUM IS MLW
MLW = -1.33 NAVD MHW = -0.33 NAVD.
2. PROPOSED WORK IS TO CONSTRUCTA DOCK WITH AV 222' ACCESS (FROM MHW) ENDING IN AN 8' X 14'
PLATFORM WITH A MOORING AREA WHICH CAN ACCOM ODATE A FUTURE BOAT LIFT - DOCK TOTALS 1,000 SQ. FT. WATERWARD OF MEAN HIGH
3. DECKING ON ACCESS TO BE 2' X 6" OR 8" DECK BOARDS ITH 1/2" SPACING BETWEEN DECK BOARDS FOR LANDWARD 150' AND GRATED DECKING
FOR WATERWARD 72' OF ACCESS- GRATED DECKING O HAVE 43°% OPEN SPACE
4. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING - 43% OPEN SPACE
5. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL
V ABOVE MHW TO 1' BELOW SUBSTRATE
6._DOCK PILES 8°0 (53 PILINGS). BOAT LIFT PILES AND MnORmr. PO Fc 1n"01 (7 Pu wrci _ au F caeriur -in, n r
1?s Environmental
S ervices, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772 215-3997 Fax: 772-879-4520
www.dlsenvironmentalservices.com
SCALE
Proposed Plan View
Maurice Splain III & Elizabeth Stolkowski
9895 S. Indian River Drive
Fort Pierce, Florida
PIN 3529 223-0002-000-2
222' 10' UPLAN
LATFO ACCESS C
�
I 4�i�llu
jw
ROPE OR FD(ED HAND RAIL
ALONG 200' OF ACCESS
NOTES:
1. ELEVATION DATUM IS MLW
MLW = -1.33 NAVD MHW = -0.33 NAVD.
2. PROPOSED WORK IS TO CONSTRUCT A DOCK WITH A 4- X 222' ACCESS (FROM MHW) ENDING IN AN 8' X 14'
PLATFORM WITH A MOORING AREA WHICH CAN ACCOMMODATE A FUTURE BOAT LIFT - DOCK TOTALS 1,000 SQ. FT. WATERWARD OF MEAN HIGH
3. DECKING ON ACCESS TO BE T X 6" OR 8' DECK BOARDS WITH 1/2" SPACING BETWEEN DECK BOARDS FOR LANDWARD 150' AND GRATED DECKING
FOR WATERWARD 72' OF ACCESS — GRATED DECKING TO HAVE 43% OPEN SPACE
4. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING —43% OPEN SPACE
5. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL
V ABOVE MHW TO I'BELOW SUBSTRATE
Environmental
Services, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone:772-215-3997 Fax:772-8794520
www.disenvironmentalservices.com
Overall Cross Section View
Maurice Splain III & Elizabeth Stolkowski
9895 S. Indian River Drive
Fort Pierce, Florida
PIN 3529-223-0002-000-2
SCALE --- ---
SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to
sai-rd-enfon emenO—usace.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-2004-01672(GP-JLA)
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 9/18/201.9
COMMENCEMENT NOTIFICATION
Within ten (10) days of initiating the authorized work, submit this form via electronic mail to
saf-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard may
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-2004-01672(GP-JLA)
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
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
mgeriledSpecies(c-mvFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the -FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8 W by 11" explaining
the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be
posted in a location prominently visible to all personnel engaged in water -related activities. These
signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to
the email address listed above.
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED/NO WAKE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
V_ WildlifeAlert
1-888-404-FWCC (3922)
cell * FWC or #FWC
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 and 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/sh ipstrike/).
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/Paim
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 o;
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.
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 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 4 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, 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 FffierGrate
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 manufacturerof grating.
November 2017 — Manufacturer of grated material updated to include Voyager Industries.