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HomeMy WebLinkAboutFDEP ApprovalRon DoSands p pEP^RT FLO RI DAV E•PARTM ENT. O F MFti ' Governor z Environmental Protection ,eanetteNwiez Lt. Governor :... . Southeast District Office :NoahValensteln ENrn� pR 3301 Gun Club Road, MSC.7210-1 . Se .. .... :. cretary. West Palm Beach, FL 33406 ... . 661-681-6600 ... RECE IVED April 29, 2021.,E-�, i �4li,1,SEIr,�'�j�.:, JUN 0.42021: St. Wale County . Felipe Wells ! __ P®rmttHfl6 ;: iDFES 3034 NW Radcliff Way „ . _ ! :. Palm Ci FL3.4:990 fe:li .ew gmail.com . p..y, Re: Rile No.: 56-401500-001:/002-EE File Name:. Felipe Boatlift/Mooring Piles Dear Mr.. Wells: On: March 31, 2021, we received your request for verification:of exemption to: perform: the following activities: 1. Install a boatlift. 2. Install mooring piles: The project is located within. the North Fork, St. Lucie Aquatic Preserve, Outstanding Florida Waters; Class III Waters,:: . Adjacent jacent to 3034 NW ;Radcliff Way (Section 25, Township, 37 South, Range 40 East), -in Saint Lucie .County (Latitude,N.27°13'25.9017"' Longitude W 80°17'42.5792"). Your .request has been. reviewed to determine whether it qualifies for (1) regu atory,exefnption, (2)'proprietary authorization (related to state-owned submerged: lands), and (3) federal approval that may. be necessary for work in: wetlands orwatemofthe United States. Your project qual%fes for all three. 'However, this letter.does:not relieve you from the responsibility. of.obtaining other, federal; state; or local authorizations. that may be required. for the activity. - If you change the project from what you submitted, the authofization(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 Jessica Bedsworth at -the . . . letterhead address or at 561-681-n6:605, Jessica.B.edsworth@FloridaDEP..o. I.: Regulatory Review — VERIFIED Based on. the. information submitted,: the Department, has verified that the activities as proposed are exempt; under Chapter.62-330.051(5)(a) and Chapter 62-330.051(5)(h); Florida www.floridade�i gov Project No.: 56-401500-001/002-EE Project Name: Felipe Boatlift/mooring piles Page 2 of 7 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 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.: 56-401500-001/002-EE Project Name: Felipe Boatlift/mooring piles 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 Trusteesfrom 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. 5. 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. t Project No.: 56-401500-001%002-EE Pr_ ojept Name: Felipe Boatlift/mooring piles = 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 fisted in Rules.68A-27.003, d 68A-27.005, F.A.0 68A-27.004, an : (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 exteathat they are no: longer functional. This shall not be construed to: prohibit the repair orxeplacement 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 beconstructed, operated; .and maintained solely for water dependent purposes; or for non -water dependent activities. authorized under Paragraph:l8- 21.004(1)(f), F.A.C.,:or any other applicable; law. 3.... .. Federal Review APPROVED .... ... Your proposed activity as outlined in your application and:attached drawings qualif es:for Federal: authorization pursuant to the State Programmatic General Permit V-R1; and a SEPARATE permit or authorization will not be required from the Coips.-:Please note that the: Federal: authorization expires on July 26; 2021. However,your:authorization triay remain in effect for up to 1 additional year, if provisions of Special Condition 19 of the SPGP::V=R1 permit instrument are met. You, as permittee, are required to adhere to all General: Conditions and. Special. Conditions that, may apply to your project:'Special conditions required for your project are: attached. A copy. ofthe SPGP V-R1 with all terms and conditions and the. General. Conditions may be found at hqs://www.sal:usace.,army.mil/Missi6ns/Re ug latbty/Source-Book;: Authority for review -.an agreement with.the USACOE entitled: "Coordination. Agreement Between the. U., S. Ariiiy: Corps of Engineers (Jacksonville District) and the Florida Department, . of Environmental Protection (or:Duly. Authorized Designee), State Programmatic General.: Permit' 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.:. AdditionalInformation :.. 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, ou:maY be'subJect to e.nalties under Chapter 373F:S.; and Chapter 18 14, F.A.C. - NOTICE OF:RIGHTS ... r Project No.: 56-401500-00.1%002-EE Project Name: Felipe Boatlift/mooring piles .. .... Page 5 of 7 Thi's. action is final and. effective on the. date: filed with the Cl&rk-of the Departmerif unless a petition'. for anadministrative hearing is timely filed under Sections 120.569 and 120.57, F.S'.,. before the deadline -for filing a petition.:On the.f ling of a timely and sufficient petition,: this action will not be final and effective until a subsequent: order o.f.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 deriial of the application. Petition for Administrative Hearing A person whose substantial interests, areaffected by the Department's action may petition for an. administrative proceeding (hearing) under Sections:120.569 and 120.5.7, F.S. Pursuant to Rules 28- 106.201 and 28=F06.301., T A.C.; a petition for an administrative hearing must contain the following information: a. The'name: and address of each agency affected -and each a enc 'S file or identification O ... g Y g Y...: nurnbe' ,,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 petitiphef received notice of the a enc 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 a enc ' proposed action; p en ... s o P g Y .p.... (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':spec'ifiQ rules. or statutes; and . (g). A statement of the relief sought by the .petitioner, stating.precisely the action that the p.etitioner wishes the a encto take with res ect:tothe a enc 's proposed action.Y The :petition must be fled (received by.the .Clerk) in the Office of General Counsel oft e Department at 3900 .Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency CI6rk@dep.state:f1.us. Also, a copy of the: petition shall be- mailedto the applicant. at. the addressindicated 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 decisiori:unless notice of this decision -and the right of substantially affected persons to challenge this decision.has'been dulypublished. or: otherwise rovided to all ersons substantiall affected b the decision.. While P. P p.. Y Y Project No.: 56-401500-001/002-EE Project Name: Felipe Boatlift/mooring piles Page 6 of 7 ..... _ you are not required to publish notice of this, action, you may elect to do so pursuant Rule 62- 4. .. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request:an administrative:determination (hearing) under Sections:120.569 and 120.57, F.S., or to intervene .in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding: initiated by another party), will be only ;at the: discretion of :the presiding officer uponthe filing of a motion: in compliance: with Rtile 28-106.205,.EA.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 39.00 Commonwealth Boulevard, Mail. Station 35, Tallahassee, Florida 32399 3000, or via electronic correspondence at Agency Clerkgdep.state.fl:us, before the deadline for filing a petition for an administrative hearing..A timely request fot: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 anyparty within the meaning of Section 3711.14(1)(a) or 37.3.427.5, F.S., may also seek appellate review of this order before the Land and WaterAdjudicatory Commission under Section 373.114(1) or.373.4275, F.S. Requests for: before: the Land and Water ... .. .. ..... Adjudicatory Commis sion.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 120.68,1~.S;:by filing a Notice of Appeal pursuant toFlorida Rules of :. Appellate Procedure 9.l l0 and 9.190 with the Clerk of the;Department in the Office of General Counsel (Station #35, 3906 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 fled within 30 days from the date'this action is filed with the Clerk of the Department. EXE UT - . :CLERKING. 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 — (a) Installation or repair of pilings and dolphins associated with private docking facilities or piers that are exempt under section 403.813(1)(b), F.S.; (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (h) The installation of a pile -supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. 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. HistoryNew 10-1-13, Amended 6-1-18 Special Conditions for Federal Authorization for SPGP V-R1 Note: JAXBO (Jacksonville -District's Programmatic Biological Opinion); referenced. throughout, may be found online in the Jacksonville District Regulatory Division :Sourcebook, or at http:Hcdml6021.coriteritdm.ocic.or /u��etfile/collection/p16021col13/id/577: The. SPGP V-R1 instrument and all attachmentsmay be found online through the.Sourcebook; or .... :at:hftps://www.sa*l.'us.ace.army.mil/SPGP - In .addition to the conditions specif ed above, the following. Special Conditions apply to all projects reviewed and/or. authorized under the SPGP V-Rj:j. . Special Conditions for.All Projects 1 Authorization, design and. construction must adhere to the terms of the SPGP V=R1 instrument including the Procedure and Work Authorized sections.: 2: Design and construction must adhere to :the PDCs for In -Water; Activities (Attachment 6, from PDCs.AP.7 through API l:,.inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.). 3.: All activities performed during daylight hours (Reference: JAXBO PDC AP.6:).. 4. For all.proj:ects involving the: installation of piles: or sheet piles, the maximum number. of :. .:piles', sheet piles or; concrete slab walls: or b6atjift I -beams installed by impact hamniei per day is limited to no more than 5 per day.; Any installation of metal pipe or metal. sheet pile by impact hammer is not authorized (Reference; Categories D and E of JAXBO PDCs for In -Water Noise from'Pile and Sheet Pile Installation, page: 5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary:require.: prior approval from the Sanctuary(Reference::JAXBO PDCs AP.14 and A1.6). 6. Notifications to the Corps. F.or'all authorizations under this SPGP V-R1, including Self-7. Certifications,:the Permittee'shall provide.the following notifications to the Corps:. . a. Commencement Notificatiori::Within 10 days; before the date of initiating the work :authorized by this permit or for each 'phase of the authorized project, the Permittee shall:provide a written notification of.the:date of commencement of authorized work to the'Corps. b. Corps Self -Certification: Statement of Compliance form. Within 60 days of completion of the work authorized by. :this permit, the Perniittee shall complete the "Self -Certification Statement of Compliance form: (Attachment 3.2).and submit it to . ...the. Corps. In the event. that the completed. work deviates. in.any nianner 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'Certifkation Statement:of Compliance" form. The description of any deviations ori: the ."Self - Certification Statement of Compliance".form does not constitute approval of any deviations by the Corps. C. Permit. Transfer. When the structures or work. authorized by this perit are still in ..m existence at the time the property is transferred, the terms and conditions of this ermit will continue to be binding on the new owners of the ro e . To validate p g (.) p p �'�.. the transferof permit and the associated hitbilities:associated:with compliance with 'its terms and conditions, have the transferee sign and date the enclosed. form (Attachment 2). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation and corres ondence re uired by the general- anda ecial conditions p q.. p ;. ofahis permit to the following address.: (1) For standard mail: U.S:. Army.Corps of Engineers, Regulatory:Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: SAJ-RD-Enforcema, ent usace.arin�(not to exceed -10 MB). The 'Permittee shall .reference this permit number, SAJ- 20.15 , 02575 on all . submittals. T The District Engineer reserves the right to require thdt any request for authorization under this SPGP V-R1 be evaluated as an Individual Permit. Conformance with the termsari conditions of the, SPGP V-R1 does not automatically guarantee Federal: authorization. 8.. On a case -by -case basis, the Corps_ may :impose additional Special Conditions which are deemed necessary to minimize'a. verse environmental impacts. . 9.- Failure to comply -with all conditions ofthe SPGP V-R:l constitutes a violation of the Federal authorization... 10..No structure or.work shall adversely affect or disturb properties listed in the National Register of. Historic Places or.those. eligible for inclusion. in the National Register: Prior to the.. start of work; the:Applicant/Permittee or other party. :on the Applicant's/Permittee's behalf; shall: conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File at 850-245-6440 or. SiteFile@dos.state: fl:us. The :. Applicant/Permittee can also.research sites in the National Register Information System (KRIS).. Information can be found. at http:dwww.cr.npsigovini/research:.. a. If, during the initial ground disturbing activities and'construction work, there: are archaeological/cultural materials unearthed (which shall include,. but not be limited to: pottery; modified shell, flora, fauna, human remains,. ceramics, stone tools.or metal implements, dugout canoes or any otherphysical remains.that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic: Preservation Office at 850-245-6333. and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions; including salvage operations. Based on the circumstances of the: discovery, equityto: all parties, and considerations of the public: interest, the. Corps may modify, suspend, or revoke.the.permit- in -accordance with33 C.F.R. § 3253. b. In the unlikely event: that human remains are identified, t e remains will be treated in .accordance with- Section 872.05, Florida; Statutes; all work in the vicinity.shall immediately cease and the local law authority; and the State Archaeologist (850-2457 6444) and the Corps Regulatory Project Manager shall immediately be notified, Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 1.1. The. Permittee is responsible for obtaining any "take" permits required under. the US. Fish and Wildlife .Service's regulations governing compliance with these laws. The Permittee. should contact the -appropriate local office of the.U.S.. Fish and Wildlife Service to determine.if such "take" permits are .required_ for a particular: activity. 12. For Projects.d thorized under this SPGP V-R1. in navigable waters of the U.S., the Permittee understands and agrees that, if future operations by the United States require the.removal, relocation, or other alteration; of the, structures 'or -work herein authorized,. or if, in the opinion.of the Secretary: of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction 'to the free navigation of the navigable: waters, the ermittee ''will e required, upon due notice from. the Corps of Engineers, to remove, relocate, ,or alter the structural work or obstructions caused thereby;:without expense to :the United States. No claim shall be::, made against the United: States on account of any such removal :or alteration. . 13. The SPGP: V=R1 will be valid through July 26,,2021 unless suspended or revoked by. issuance of a publicnotice: by the District Engineer. The Corps,. in: conjunction with the Federal - resource agencies, will conduct periodic reviews to ensure that continuation of the: permit during .:. the period ending July 26, 2021; is not contrary to the:public interest.? e: SPGP V-R1 will : riot be extended beyond July 26; .2021:, but may be replaced by a new SPGP: If revocation. occurs: all future applications:for activities covered -by the SPGP V-RI will be evaluated by:the Corps. 14. If the'SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized,: . ..... work, authorization of activities which.havecommenced or are under contract.to.coinmence in reliance upon. the. SPGP V-R1. will remain in effect provided'the activity is.completed within.12.. months of the date the SPGP V=R1 expired or was revoked. Suecial Conditions for Docks, Piers,- Associated Facilities, and other Minor -Piling - Supported_ Structures 1.. For temporary structures associated with marine events. Upon _completion of the event, these . .. structures. must. be removed and, to the maximum extent practical- the site must be restored to . . pre -construction elevations. Water.depths in the area of marine events must be deep enough to support at least 5 ft of water depth under the keel of a vessel grid between the keel of a:vessel and . Endangered, Species .ActIisted coral colonies .if resent,. when transiting to the mooring areas g..� p (Reference::JAXBO PDC A2.1.4.). 2. ' Educational Signs. -For commercial, multi -family, or public facilities, and marine events, signs must be posted as described:below (Reference: These replicate.JAXBO PDCs A.2.2 and A.2.2.1.to A.-12.3., inclusive; within the table PDCs Specific.to Activity 2 - Pile Supported .,Structures and Anchored Buoys, starting s on: page 112.): a. (A2.2:) For commercial, multifamily, or public facilities, and marine events, signs must be. osted.in a visible locations alertin usersof:listed s ecies in the', susce tibleto p O, .... ..g p .. p vessel strikes and hook-and-line:captures. The most:current:version of the. signs that must be downloaded and sign installation:guidance are available at: (http:J/sero.nmfs.noaa. govjprotected_resources%section_7/protecfed_species_educational_s inns/index.html). The signs required to be posted by. area are stated below-. (1) .(A2.2.1.) All projects.in Florida shall use .the Save Sea Turtle, Sawfish, and Dolphin . sign. These signs shall include contact information to the sea: turtle and marine mammal stranding networks and smalltooth sawfish encounter database. (2) (A2.2.2.) Projects within the North Atlantic right whale educational: sign zone shall post the Help Protect North Atlantic Right Whales sign. 3 A2.2.3..On the. east coast of Florida, proJ ects located within the- St. Johns River and those occurring north of the St.: Johns River to the Florida -Georgia line :shall. post the Report: eon sign.- On the west coast of Florida, projects occurring from the Cedar: P: g g Key; Florida north to the Florida -Alabama line. 3. Monofilament Recycling Bins. For commercial; multi=family; or public facilities, monofilament recycling bins must be provided as described below (Reference: The below ... replicates PDC A.2.3 .within the table PDCs: Specific to Activity-1- Pile Supported- Structures and Anchored Buoys; the PDC itself on page 113-of the JAXBO.): a. (A2.3.) For commercial, multi -family, or public. facilities, monofilament recycling bins. must be provided:at the docking facility to reduce the risk of turtle or sawfish ::.entanglement in; or. ingestion of,: marin'debris. Monofilament recycling bins must: (1) . (AII.I.) Be constructed and labeled according to the instructions: provided at; .: http://mrM.myfw6.com.. . (2) (A2.3.2.) Be maintained in working order and emptied frequently (according to http;/linrrp.myfwc.com :standards) so that :they do not overflow: : 4.: ; North Atlantic Right Whale. The attached North Atlantic :Right Whale Information Form ( ) p g Attachment 27 describes the resence of North Atlantic fight whales -in -the :area And the Federal regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will .. attach this document to their authorizations fora dock project (new construction,:repair, or replacement) at_ a private residence located within 1.1 nautical miles ofNorth-Atlantic right whale critical habitat as:measured in a radius from the center of the nearest inlet to open ocean: described by Attachment 29, the North. Atlantic Right Whale:Educational Sign. Zones (from Section 2..1.-1.4 of JAXBO, pages.31. and 32 inclusive), (Reference: JAXBO.PDC A2.4.)..... .., 5. Aids to Navigation. Aids'to navigation must be approved by and installed in accordance with the; requirements of the U.S. Coast Guard: (i e., .33 C.F.R., chapter I., subchapter C; :part.66, Section 1.0 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2:5.)... :. 6. Lighting for docks installed within visible distance of ocean beaches.If lighting is necessary; then turtle -friendly lighting shall be. installed. Turtle -friendly lighting is explained and examples: :are: provided on the. Florida Fish and Wildlife Conservation Commission website: hitp//niyfwc.com/wildlifehabitats/maria�e&sea-turtles/light_iiigi (Reference: JAXBO PDC A2.8.). 7.- Construction. Location. Project construction shall take place from.uplands or from floating equipment (e.g'., barge); prop.or::wheel-washing is prohibited (Reference:: JAXBO PDC A2.9 ). Regarding submerged,and emergent. Aquatic vegetation; the design and construction of a Project must.cbmply with the following: a. A pile supported structure (i) that is :located on a natural: waterbody (Le..; outside. an . artificial waterway that was excavated for boating access and.is bordered by residential ii that is within the ran e of sea rass estuarine waters within all -coastal properties) -and O ..... . g g counties except for Nassau, Duval;: St Johns, Flagler and Volusia north of:Ponce. Inlet), will be constructed to the:following standards: 1 Must comply with or rovide. a. hi her level of rotection than the rotective criteria in .... . (.) Py.. p g : p p.. the joint, U,S:.:Army Corps of Engineers'/National IYlarine Fisheries.Service's "Construction Guidelines in Florida for Minor:Pilin -Su ported Structures g P Constructed in or over: Submerged A uatic Vegetation (SAV); Marsh or Man rove- :. Habitat" :up.daied November 2017 (Attachment 2 In addition to 1 above, IF the ro ect is within ran a of Johnson's •sea rass the .. (). (). project g g range of Johnson's seagrass is defined as Turkey Creek/Palin Bay south to central Biscayne Bay: n'the lagoon systems on the east coast:o. f Florida), THEN the design and construction shall. comply with; in some .cases; the more. restrictive requirements .. .:within paragraph 8.c:;: below (Reference:: JAXBO PDC A2.17).. b. For all other Projects, (1) Within the range: of Johnson's seagrass (the range of Johnson's seagrass is defined as Turkey Creek/Palm Bay south to central. Biscayne Bay in the.,, oon systems on:the east coast of Florida), the presence of submerged aquatic vegetation will be: determined utilizing the "Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7). If no. survey performed, aquatic vegetation, including Johnson's... seagrass, will be presumed tobe present•for purposes. of. this Special Condition: (2) Outside .the range of Johnson's:seagrass but within -the range of seagrass (estuarine waters :within all coastal -counties exceptfor•Nassau, Duval, 'St•Johns, Flagler.and Volusia County north'of Ponce, Inlet) and within tidal waters; the.presence. of seagrass: .... ... and tidal: freshwater submerged aquatic vegetationwill be determined using. the "Submerged'Aquatic:Vegetation Survey. Guidelines" (Attachment 7) unless A. site visit or aerialphotographyobserves absence during: the growing season if water de th and. . observes g: g g. (� .p :. clarity allows)' or aquatic vegetation: has not been found in the vicinity_ in ;the past. (3) .Pile -supported structures, IF aquatic vegetation is -present (including seagrass, tidal ... freshwater submerged :aquatic vegetation and emergent vegetation), THEN must:::. comply with or provide a higher. level of protection than; the protective criteria in the joint U.S. Army Corps of Engiheers'/National Marine: Fisheries Service's: . "Construction Guidelines in Florida for Minor. Piling -Supported. Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove . ... . ; • ; Habitat updated. November. 201:7 ;(Attachment 5).:: (4), In. addition to (1) to (3) above, IF the proposed dock or proposed structure is within range. of Johnson's seagrass (the range of Johnson's seagrass is: defined as. Turkey Creek/Palm:Bay:south to central: Biscayne Bay in the lagoon systems on the east coast . ..... .. ..... of Florida), and IF the proposed dock or proposed structure falls within the following scenarios, THEN the design and construction. shall.comply with; in some cases,. the.. . more restrictive requirements within:paragraph 8.c:;below. (Reference: The following replicates Scenario B •as defined within A2.1 T PDCs for Docks: or Other Minor : r Structures of JAXBO:) (i) Dock replacement in the exact footprint (i.e:, same location/configuration/size) as the previous dock and: (a) -,within Johnson's seagrass critical. habitat with No current seagrass survey . ..... .. ..... (completed no earlier than 1 year before submitting the application)or, Johnson's seagrass.under the dock;.or,.Nativeseagrass, other than Johnson's, .. seagrass, under the dock; or, (b) within the Range of Johnson's seagrass (outside of critical habitat) with No current seagrass survey or,Johnson's seagrass under the dock, (ii) New docks or dock expansions and: (a) within Johnson's seagrass critical habitat; or, (b) within the Range of Johnson's seagrass (outside of critical habitat) with: No current seagrass survey (completed no earlier than 1 year before submitting the application) or, Johnson's seagrass within property limit. c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4), above (Reference: The following replicates the "Dock PDCs for Scenario B" within A2.17. PDCs for Docks or Other Minor Structures of JAXBO.): (1) To avoid and minimize impacts to Johnson's seagrass and native, non -listed seagrasses to the maximum extent practicable: (i) The dock must be positioned to avoid and minimize effects to Johnson's seagrass. (ii) Over any area that contains Johnson's seagrass or native, non- listed seagrasses, the dock shall be oriented in a north -south orientation to the maximum extent that is practicable to allow maximum sunlight under the structure. (iii)If practicable, terminal platforms shall be placed in deep water, waterward of Johnson's seagrass beds or native, non -listed seagrasses beds or in an area devoid of Johnson's seagrass or native, non -listed seagrasses. (iv)Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson's seagrass to minimize direct impacts. (v) Piles shall be installed in a manner that will not result in the formation of sedimentary deposits (e.g., donuts or halos) around the newly installed pilings. (vi)No covered boat lifts are allowed over any Johnson's seagrass. (2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the MHWL must be constructed of grated materials or plank construction or a combination of the both methods (e.g. plank decking on the walkway and grated decking on the terminal platform). These decking options are described below: (i) For grated decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water.narrow portion connecting the terminal platform to the shore and any over -water ramp required for access) and the dock, must be a minimum of 3 ft above MHW when constructed with grated decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 160 ftz. Marginal docks are limited to a width of 5 ft. The 5 ft width restriction is measured from wet side of the seawall. For example, if a seawall cap is 3 feet overwater then the dock would be limited to 2 feet. (c) Material description: Decking materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. These materials must provide a minimum of 43% open space. (ii) For plank decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over -water ramp required for access) and the dock, must be a minimum of 5 ft above MHW when constructed of plank decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 120 ftz. Marginal docks are limited to a width of 5 ft. (c) Material description: Deck boards may be constructed of any material. Deck Boards must be installed to provide a minimum of a 0.5-in gap between individual deck boards. d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation (ATONs) to ESA -listed corals and Acropora critical habitat shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO PDC A2.10.). General Conditions for Federal Authorization for SPGP V-R1 1. The time limit for completing the work authorized ends on July 26, 2021. 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 on the enclosed form and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, orlocal authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing orproposed Federal projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c. Significant new, information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Department of the Army Permit Transfer for SPGP V-R1 PERMITEE: PERMIT NUMBER: ADDRESS/LOCATION OF PROJECT: (Subdivision) DATE: (Lot) (Block) 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 Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. (Transferee Signature) (Date) (Name Printed) (Street address) (Mailing address) (City, State, Zip Code) . . I. q. -.STANDARD MANATEE CONDITIONS FOR IN -WATER WORK _. .- _ ..... ... .. 2011 The permitteeshall comply with:the following conditions: intended to protect manatees from:direct project effects:... :.. a. A.11 personnel associated: With the projects a l a instruct& a .out,t. &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 Acts. 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..imniediate area and.whle 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.:: d. 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 observingwater-related activities for the .. . presence of manatee(s). All in-wa#er.operations, including vessels, must be :shutdown if a. manatees comes wit in eet 'of the operation. Activities wi :not resume. until. -the' manatees has moved::be and the 50-foot radius of the ro'ect o eration or until: 30 (.) Y.: p: J p minutes elapses: if the manatee(s). has not reappeared within 50 feet of the operation.: Animals mustri6 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 aiso: 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(a myFWC.com f Temporary signs concerning. manatees shall, be..posted prior .to . and during -all .in -water' project. activities. All signs are to be removed by the permittee, upon completion -of the project. Temporary -signs thdt'have already been approved: for this use. by�the- Florida Fish andWildlife Conservation Commission (FWC) must be used (see MyFW.C:com/manatee).:: One. sign w is reads aution: Boaters must a poste . A secon srgn measuring at. east 81/2"-b: 11" ex lainin the re uirements.for ":Idle Speed/No Wake" and the shut down of Y p.� g' Q.�-. .. in -water operations, must be posted in a location prominently visible. to: all personnel: . engaged inwater-related activities. Questions. concerning these signs can be sent to the email: address listed above.. "UNITED STATES. DEPARTMENT OF . . COMMERCE ..... " National Oceanic and AtmosphericAdministration Qe` ::NATIONAL MARINE FISHERIES: � . ES: SERVICE Southeast Regional Office y = : 2 ep 3 13t h Avenue South °%,rEsOF .: St. Petersburg, FL:33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION -C.ONDITIONS The permittee shall comply with the following protecte species construction: conditions: a. The: pe' ittee shall -instruct: all personnel: associated with -;the project of the :potential presence of these .species and the .need: to avoid collisions with sea turtles and "smalltooth sawfish. All construction personnel: are responsible for observing water -related activities for the.presence ofthese-species.' b. The permittee shall advise all. construction personnel that there are civil: and criminal . penalties.for harming, harassing, or killing. sea turtles or smalltooth:sawfsh,' which are - protected under the Endangered Species Act: of 1-973. c. Siltation barriers shall be made of material in which,a' sea turtle or smalltooth sawfish cannot: become entan lied be properly secured; and be regularly:: monitored to' avoid g � p p Y�. � rotected species entrapment.: Barriers ma not block sea turtle or smalltooth sawfish.entr P p.. p Y y Jo or exit from: designated critical habitat without prior:agreement from the National Marine Fisheries. Servi& s Protected. Resources Division, St: Petersburg,.Florida. d. All vessels. associated with the"construction project shall operate'at "no wake idle" speeds" at all times: while in the construction area and while in water depths where the draft of the: vesselprovides less. than a four -foot clearance from the. bottom. All vessels.':will preferentially.follow deep=water routes.(e.g,:marked,channels) whenever possible: e: If a sea turtle- 'or smalltooth sawfish is' seen:' within 100- yards. of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to: ensure its protection. These precautions shall include 'cessation of operation of any moving equipment closer than 50 feet -of a. sea turtle or strialltooth sawfish. Operation of any mechanical construction equipment shall cease .immediately if a sea turtle or smalltooth. sawfish is seen within a.50-ft radius of the equipment: Activities may not ... . . resume until the protected species:has departed the: project area of its own volition. f. Any: collision with and/or injury to a sea :turtle :or smalltooth: sawfish shall be reported Immediately tote NationalMari ne Fisheries ervice s rotecte esources Division , (727-824-531-2) and the local authorized sea turtle stranding/rescue organization. g.. Any special construction -conditions, required:of your specif c.project, :outside these. general t1yRi £ � C}r • ? J 4`xW,` s w c ..,a� r '• � a t.4.a+y;� CRY" - .� $ •�3 -, .ram 'ice � `3y� ��.. Ix = Y z 4- c "e;4 y x r f .. ... ... ...,m. ... .. Permit .. - P Number- .. .. .. • - � 56-401500-001/002-EE . .... ...... ... - .. .. ...... ...... ie 1s[rlct p. Southeast b• ' y .Y AL-COR ENTERpRiSES INC C �.a7sEEWkbe+:.:. Ore����.:,U�2.11 TREASURECOASTBARGE o~ ^n STUART FL 7AS9t _ ... 17wsr..•, luxlECUTOtf.Att . ImB ... ...' .. .... ..... _ . .. r � St(IAAT tt 1W91...... .' CH-177)ia111051ENA1LaGMtd:,T0777pnAimn 3O34 • W.Ru lclaamG V EMAIL Heaavalnitipa�pep���p Wn. 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