HomeMy WebLinkAboutFDEP PermitFLORIDA DEPARTMENT OF RonD�n� Governor
Environmental Protection ,eane�Nufiez
Lt. Governor
Southeast District Office Noah valensteln
3301 Gun Club Road, MSC 7210-1 Secretary
West Palm Beach, FL 33406
561-681-6600
March 3, 2021
Patricia Greco
1253 Nettles Blvd.
Jensen Beach, FL 34957
Email Address: KGrecogamgresources'.com
File No.: 56-3 9925 1 -001 -EE
File Name: Greco
This letter supersedes the previous Exemption Letter dated February 26, 2021, correcting
only the Federal Review portion of the letter..
Dear Ms. Greco:
On February 22, 2021, we received your request for verification of exemption to perform the
following activities: To install a 344 sq. ft. dock with a new boat lift. The project is located in the
South Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida
Waters Class III Waters, adjacent to 1253 Nettles Blvd., FL (Section 03, Township 37 South,
Range 41 East), in St. Lucie County (Latitude N 27' 17' 01.11", Longitude W 80' 13' 19.13").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the 7
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 authorizations ranted may no longer be
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valid at the time of commencement of the project. Please contact us prior to beginning your project
if you wish to make any changes. LL
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If you have any questions regarding this matter, please contact Newt Robson at the letterhead o-
address or at 561-681-6620, Newt.RobsongFloridadep.gov .
1. Regulatory Review — VERIFIED
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File No.: 56-39925 1 -00 1 -EE
File Name: Greco
Page 2 of 7
Based on the information submitted, the Department has verified that the activities as proposed
are exempt, under Chapter 62-330.051(5)(b), Florida Administrative Code, from the need to obtain
a regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial modifications
to the project design should be submitted to the Department for review, as changes may result in
a permit being required.
2. Proprietary Review — GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of Trustees.
The activity is not exempt from the need to obtain the applicable proprietary authorization. As
staff to the Board of Trustees, the Department has reviewed the activity described above, and has
determined that the activity qualifies for a letter of consent under Section 253.77, Florida Statutes,
to construct and use the activity on the specified sovereign submerged lands, as long as the work
performed is located within the boundaries as described herein and is consistent with the terms and
conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees determines that such interest did not exist on the
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree
not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.
Special Consent Conditions
1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the
State of Florida from all claims, actions, lawsuits and demands in any form arising out of
the authorization to use sovereignty submerged lands or the applicant's use and
construction of structures on sovereignty submerged lands. This duty to indemnify and
hold harmless will include any and all liabilities that are associated with the structure or
activity including special assessments or taxes that are now or in the future assessed against
the structure or activity during the period of the authorization.
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File No.: 56-399251-001-EE
File Name: Greco
Page 3 of 7
2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization
or waiver by the Board of Trustees of any provision of the authorization will not invalidate
the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the
Board of Trustees from enforcing the unenforced or waived provision in the event of a
violation of that provision.
3. Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns fails
or refuses to comply with the provisions and conditions of the authorization, the
authorization may be terminated by the Board of Trustees after written notice to the
applicant or its successors or assigns. Upon receipt of such notice, the applicant or its
successors or assigns will have thirty (30) days in which to correct the violations. Failure
to correct the violations within this period will result in the automatic revocation of this
authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will
notify the Board of Trustees in writing of any change of address at least ten days before
the change becomes effective.
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.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any species
which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004,
and 68A-27.005, F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the structure
or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
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File No.: 56-399251-001-EE
File Name: Greco
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(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C.,
within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i)Structures or activities shall be constructed, operated, and maintained solely for water dependent
purposes, or for non -water dependent activities authorized under Paragraph 18-21.004(1)(f),
F.A.C., or any other applicable law.
3. Federal Review — SPGP APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V-Rl, and a SEPARATE
permit or authorization will not be required from the Corps. Please note that the Federal
authorization expires on July 26, 2021. However, your authorization may remain in effect for up
to 1 additional year, if provisions of Special Condition 19 of the SPGP V-Rl 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
of the SPGP V-Rl with all terms and conditions and the General Conditions may be found at
https://www.sai.usace.army.mil/Missions/RegulatoLy/Source-Book.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to ensure compliance with appropriate statutes and administrative codes. If the activities are not
in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until a subsequent order of the Department. Because the administrative
hearing process is designed to formulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
Petition for Administrative Hearin
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules
28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the
following information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
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File No.: 56-39925 1 -00 1 -EE
File Name: Greco
Page 5 of 7
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner's representative,
if any, which shall be the address for service purposes during the course of the proceeding;
and an explanation of how the petitioner's substantial interests will be affected by the
agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action, including an explanation of how the alleged
facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
or via electronic correspondence at Agency Clerk@dep.state.fl.us. Also, a copy of the petition
shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within
14 days of receipt of this written notice. Petitions filed by any persons other than the applicant,
and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within
14 days of publication of the notice or within 14 days of receipt of the written notice, whichever
occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision
and the right of substantially affected persons to challenge this decision has been duly published
or otherwise provided to all persons substantially affected by the decision. While you are not
required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).
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 upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
F.A.C.Extension of Time
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File No.: 56-399251-001-EE
File Name: Greco
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Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of
time. Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
or via electronic correspondence at Agency Clerk@dep.state.fl.us, before the deadline for filing
a petition for an administrative hearing. A timely request for extension of time shall toll the running
of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate
district court of appeal. The notice must be filed within 30 days from the date this action is filed
with the Clerk of the Department.
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
til---k (L.
Newt Robson
Environmental Specialist II
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
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File No.: 56-399251-001-EE
File Name: Greco
Page 7 of 7
General Conditions for the use of the Federal SPGP V
General Conditions for the use of the Federal SPGP V
Project Drawings, 6 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Newt Robson
Irene Arpayoglou, Irene.Arpayoglougdep.state.fl.us
Kimberly Colstad, kimgardeaenvironmental.com
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
0A00, 03-03-2021
Clerk Date
www.dep.state.f. us
Attachment A
Chapter 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., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(b) Installation of private docks, piers, and recreational docking facilities, and installation of
local governmental piers and recreational docking facilities, in accordance with section
403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs,
provided:
1. The cumulative square footage of the dock or pier and all associated structures located over
wetlands and other surface waters does not exceed the limitations in section 403.813(l)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of
materials other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline
for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than
65 feet in length along the shoreline, in which case there may be one exempt dock allowed per
parcel or lot.
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://cdm16021.contentdm.ocic.or /utils/getfile/collection/p16021co113/id/577.
The SPGP V-Rl instrument and all attachments may be found online through the Sourcebook, or
at https://www.sai.usace.army.mil/SPGP/
In addition to the conditions specified above, the following Special Conditions apply to all projects
reviewed and/or authorized under the SPGP V-R1.
Special Conditions for All Proiects
1. Authorization, design and construction must adhere to the terms of the SPGP V-Rl 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 AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).
3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).
4. For all projects involving the installation of piles or sheet piles, the maximum number of piles,
sheet piles or concrete slab walls or boatlift I -beams installed by impact hammer 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 86.).
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. For all authorizations under this SPGP V-R1, including Self -
Certifications, the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. 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 Permittee shall complete the "Self -Certification
Statement of Compliance" form (Attachment 32) 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.
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c. Permit Transfer. 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 (Attachment 2).
d. Reporting Address. The Permittee shall submit all reports, notifications, documentation,
and correspondence required by the general and special conditions of this 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-Enforcement(cr�,usace.army.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.
7. The District Engineer reserves the right to require that any request for authorization under this
SPGP V-R1 be evaluated as an Individual Permit. Conformance with the terms and 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 adverse environmental impacts.
9. Failure to comply with all conditions of the SPGP V-R1 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 e,dos.state.fl.us. The Applicant/Permittee can
also research sites in the National Register Information System (KRIS). Information can be found
at http://www.cr.nps.gov/nr/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 other physical 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, equity to all
parties, and considerations of the public interest, the Corps may modify, suspend, or revoke
the permit in accordance with 33 C.F.R. § 325.7.
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b. In the unlikely event that human remains are identified, the 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 (850-245-6444) 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.
11. The Permittee is responsible for obtaining any "take" permits required under the U.S. 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 authorized 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 Permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal or alteration.
13. The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by issuance
of a public notice 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. The SPGP V-RI will not 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-R1 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 have commenced or are under contract to commence 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.
Special 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 and between the keel of a vessel and
Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas
(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
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to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and
Anchored Buoys, starting on page 112.):
a. (A2.2.) For commercial, multi -family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to 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://sero.nmfs.noaa.gov/protected_resources/section _7/protected_ species _educational _s
ions/index.html). The signs required to be posted by area are stated below:
(1) (A2.2.I.) 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, projects located within the St. Johns River and
those occurring north of the St. Johns River to the Florida -Georgia line shall post the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
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 2 - 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, marine debris. Monofilament recycling bins must:
(1) (A2.3.1.) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
http://inEp.myfwc.com standards) so that they do not overflow.
4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 27) describes the presence of North Atlantic right 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 for a dock project (new construction, repair, or
replacement) at a private residence located within 11 nautical miles of North 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
10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC
A2.5.).
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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:
http://myfwc.com/wildlifehabitats/inanaged/sea-turtles/lighting/ (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.).
8. Regarding submerged and emergent aquatic vegetation, the design and construction of a
Project must comply with the following:
a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial
waterway that was excavated for boating access and is bordered by residential properties)
and (ii) that is within the range of seagrass (estuarine waters within all coastal 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 provide a higher level of protection than, the protective criteria in
the joint U.S. Army Corps of Engineers'/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 2017 (Attachment 5).
(2) In addition to (1), above, IF the project 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), 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 lagoon 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
to be 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 except for 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 vegetation will be determined using the
"Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7) unless a site visit
or aerial photography observes absence during the growing season (if water depth and
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 Engineers'/National Marine Fisheries Service's "Construction
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Guidelines in Florida for Minor Piling -Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat" updated
November 2017 (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 A2.17., PDCs for Docks or Other Minor
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, Native seagrass, 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
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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 ft'. 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 W. 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
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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, or local
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.
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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.
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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)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
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(Date)
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 ImperiledSpecies@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 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 I I" 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.
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a
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in -water activities must
Report any collision with or injury to a manatee:
R, Wildlife lent:
�x 1-888-404-FWCC (3922)
cell * FWC or #F C
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A.
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UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee 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 of these 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 sawfish, which are
protected under the Endangered Species Act of 1973.
Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish
cannot become entangled, be properly secured, and be regularly monitored to avoid
protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the National Marine
Fisheries Service'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
vessel provides 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 smalltooth 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 to the National Marine Fisheries Service's Protected Resources Division
(727-824-5312) and the local authorized sea turtle stranding/rescue organization.
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g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the
construction of a project, shall be reported immediately to NMFS's Protected Resources
Division (PRD) at (727-824-5312).
i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to
takereport.nmf§ser@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by
region at http://www.nmfs.noaa.�zov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
1. All work must occur during daylight hours.
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