HomeMy WebLinkAboutApproved Site PlanI I AMit l ,, I I I
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
May 25, 2021
Carol Lunt
405 Nettles Blvd.,
Jensen Beach, FL 34957
Sent via e-mail: cachet4@aol.com
Re: File No.: 56-166482-001-EG
File Name: Carol Lunt
Dear Ms. Lunt:
Ran Mantis
Governor
Jeanette Nunez
Lt Governor
Noah Valensteln
Secretary
On April 27, 2021, we received your notice of intent to use a General Permit (GP), pursuant to
Rule 62-330.427, Florida Administrative Code (F.A.C.), to replace an existing 522 sq. ft. dock
in the same location and same configuration and dimensions as the existing dock and
(2) install a 46 sq. ft. dock extension, within Indian River, within the Jensen Beach to Jupiter
Inlet Aquatic Preserve, Outstanding Florida Waters a Class III Waters Florida waterbody. The
project is located at 405 Nettles Blvd., Jensen Beach (Section 3, Township 37 South, Range 41
East), in Saint Lucie County (Latitude N 27' 17 14.21", Longitude W 80' 13' 13.45").
Your intent to use a general permit has been reviewed by Department staff for three types of
authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned
submerged lands), and (3) federal authorization. The authority for review and the outcomes of
the reviews are listed below. Please read each section carefully.
Your project qualifies for all three authorizations. 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 authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Brianna. Vindiola at the letterhead
address or at (561) 681-6678, Brianna.Vindiola@FloridaDEP. og_v.
REVIEWED FOR
CODE COMPLIANCE
ST. LJCIE COUNTY
www..loridadep.gov B CC
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i. t ' i. lu
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 2 of 26
1. Regulatory Review — APPROVED
Based on the forms, drawings, and documents submitted with your notice, it appears that the
project meets the requirements for the General Permit under Rule 62-330.427, F.A.C. Any
activities performed under a general permit are subject to general conditions required in Rule
62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.427, F.A.C. (attached).
Any deviations from these conditions may subject the permittee to enforcement action and
possible penalties.
Please be advised that the construction phase of the GP must be completed within five years
from the date the notice to use the GP was received by the Department. If you wish to continue
this GP beyond the expiration date, you must notify the Department at least 30 days before its
expiration.
Authority for review - Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113, F.A.C.
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
Chapter 253 of the Florida Statutes (F.S.) and 258, F.S. if located within an aquatic preserve, 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.
Please be advised that any use of sovereign submerged lands without specific prior authorization
from the Board of Trustees will be considered a violation of Chapter 253, Florida Statutes, and
may subject the affected upland riparian property owners to legal action as well as potential fines
for the prior unauthorized use of sovereign land.
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 3 of 26
Authority for review -Chapter 253 F.S., and Chapter 258, F. S., and Chapter 18-21, F.A.C. and
Chapter 18-20, F.A.C. and Section 62-330.075, F.A.C. as required.
3. Federal Review - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit V-R1, 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-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 of the SPGP V-R1 with all terms and conditions and the General
Conditions may be found at https://www.sai.usace.army.mil/Missions/Regulatory/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 general permit. 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 Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 4 of 26
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 AgencyClerk@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 may not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard; Mail Station 35, Tallahassee, Florida 32399-
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 5 of 26
3000, or via electronic correspondence at Agency _e, 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.
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 6 of 26
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Brianna Vindiola
Environmental Specialist
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Specific General Permit Rule, Ch. 62-330.427, F.A.C.
Special Consent Conditions
General Conditions for Authorizations for Activities on State -Owned Submerged Lands
Special Conditions for Federal Authorization for SPGP V-Rl
General Conditions for Federal Authorization for SPGP V-R1
Project drawings, 5 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP — Jeff Meyer, Brianna Vindiola
Kimberly Colstad, ARDEA Environmental Consultants, kim@ardeaenvironmental.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.
May 25, 2021
Clerk Date
62-330.405 General Conditions for All General Permits
The following general permit conditions are binding upon the permittee and are enforceable under Chapter 373, F.S.
These conditions do not apply to the general permit in Section 403.814(12), F.S.
(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity
and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee
to enforcement action and revocation of the permit under Chapter 373, F.S.
(2) This general permit does not eliminate the necessity to obtain any required federal, state, local and special
district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or
abandonment authorized by this permit.
(3) This general permit does not convey to the permittee or create in the permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or
controlled by the permittee, or convey any rights or privileges other than those specified in the general permit.
(4) The general permit does not relieve the permittee from liability and penalties when the permitted activity
causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the
permittee to cause pollution that violates state water quality standards.
(5) Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity
involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the
Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of
authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary
authorizations from the Board of Trustees prior to commencing activity on state-owned lands.
(6) The authorization to conduct activities under a general permit may be modified, suspended or revoked in
accordance with Chapter 120, F.S., and Section 373.429, F.S.
(7) This permit shall not be transferred to a third party except pursuant to Rule 62-330.340, F.A.C. The permittee
transferring the general pen -nit shall remain liable for any corrective actions that may be required as a result of any
permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity,
or the real property at which the permitted project or activity is located.
(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to
enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved
by the permit.
(9) The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the
Agency and authorized in this general permit.
(10) A permitee's right to conduct a specific activity under this general permit is authorized for a duration of five
years.
(11) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality
standards. Performance -based erosion and sediment control best management practices shall be implemented and
maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including
other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion
and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and
Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida
Department of Transportation June 2007)5 available at
www.dep.state.fl.us/water/wetlands/does/erp/FLErosionSedimentManual_6_07.pdf, and the Florida Stormwater
Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint
Source Management Section, Tallahassee, Florida, July 2008), available at
www. dep.state.fl.us/water/nonpoint/does/erosion/erosion-inspectors-manual.pdf.
(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during
construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other
environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction
of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access
vehicles shall be operated on wooden, composite, metal, or other non -earthen construction mats. In all cases, access
in wetlands shall comply with the following:
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 8 of 26
(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a
diameter 4 inches or greater at breast height;
(b) The maximum width of the construction access area shall be limited to 15 feet;
(c) All mats shall be removed within 72 hours after the work commences; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is
completed.
(13) Barges or other work vessels used to conduct in -water activities shall be operated in a manner that prevents
unauthorized dredging, water quality violations, and damage to submerged aquatic communities.
(14) The construction, alteration, or use of the authorized project shall not adversely impede navigation or create
a navigational hazard in the water body.
(15) Except where specifically authorized in a general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and
conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent
lands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows
established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.;
or
(16) If any prehistoric or historic artifacts, such as pottery or 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 are encountered at any time within the project site area, work involving subsurface disturbance
in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida
Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800)
847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal
or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all
work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.
(17) The activity must be capable, based on generally accepted engineering and scientific principles, of being
performed and of functioning as proposed, and must comply with any applicable District special basin and geographic
area criteria.
(18) The permittee shall comply with the following when performing work within waters accessible to federally -
or state -listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:
(a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the work
area and where the draft of the vessels provides less than a four -foot clearance from the bottom. All vessels will
follow routes of deep water whenever possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent
entanglement or entrapment of listed species.
(c) All in -water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet
of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in -water
work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed
into leaving. All on -site project personnel are responsible for observing water -related activities for the presence of
listed species.
(d) Any listed species that is killed or injured by work associated with activities performed shall be reported
immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and
ImperiledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a
directional drilling operation, the FWC shall be notified at imperiledspecies@myfwc.com with details of the event
within 24 hours following detection of the spill or frac-out.
(19) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which
may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any
activity authorized by the general permit.
(20) The permittee shall immediately notify the Agency in writing of any submitted information that is discovered
to be inaccurate.
Ridemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418,
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 9 of 26
403.805(1) FS. Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9),
373.4145, 373.416, 373.422, 373.423, 373.429, 403.814(1) FS. History—Netiv 10-3-95, Amended 10-1-07, Formerly
62-341.215, Amended 10-1-13.
62-330.427 General Permit for Docks, Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove a dock or pier and
associated structures as described below:
(a) A private, single-family pier or dock with up to two boat lifts that, together with all existing
structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over surface
waters. Such a structure:
1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat lift.
Solely for purposes of this general permit, up to two personal watercraft as defined in section 327.02(33),
F.S., may be moored in lieu of either or both allowable vessels of another type. These limits shall not apply
to the mooring, storage or other use of the dock or pier by:
a. Non -motor -powered vessels less than 16 feet in length that are stored on or under the dock or pier,
or within an authorized mooring area; or
b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a larger
parent vessel that is moored at the dock in compliance with this general permit.
2. Shall be located such that all areas used for vessel mooring and navigational access already provide
a minimum depth.of two feet below the mean low water level for tidal waters, or two feet below the
expected average low water depth for non -tidal waters as determined based on best available information
for the water. body at the project location; and
3. May include a roof over the vessel mooring areas, boat lifts, and terminal platform, or any portions
thereof, subject to the applicable provisions of chapters 253 and 258, F.S., and the rules adopted thereunder.
Portions of such roofs that overhang beyond the edge of decked portions of the pier or dock shall be
included in the calculation of the total square footage of over -water structure allowed under paragraph
(1)(a), above.
(b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the structure is
designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five
feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing
and maintaining signs that state "No Boat Mooring Allowed."
(2) This general permit shall be subject to the following specific conditions:
(a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not
occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of
the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water
or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the
access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet
in Aquatic Preserves;
(b) There shall be no structures enclosed by walls, screens, or doors on any side;
(c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial purpose;
(d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on
the structures authorized by this general permit. In addition, no overboard discharges of trash, human or
animal waste, or fuel shall occur from any structures authorized by this general permit;
(e) This general, permit shall not authorize the construction or extension of more than one dock or pier
per parcel of land or individual lot. For the purposes of this general permit, multi -family living complexes
shall be treated as one parcel of property regardless of the legal division of ownership or control of the
associated property; and
(f) Notwithstanding any other provisions of this general permit, the design, construction and operation
of the dock or pier and associated vessels shall not conflict with any manatee protection plan approved and
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 10 of 26
adopted under section 379.2431(2)(t), F.S.
Rulemaking Authorihj 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Lazo
Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History-Nezo
10-3-95, Formerly 62-341.427, Amended 10-1-13, 6-1-18.
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.
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 on State -Owned Submerged Lands:
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
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 11 of 26
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.
(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)(g), F.A.C., or any other applicable law.
(8) Pursuant to Section 253.77(4), F.S., federal, state, or local agencies or political
subdivisions, including ports and inland navigation districts, proposing to conduct an activity
which qualifies for an exemption under Part IV of Chapter 373, F.S. or Section 403.813(l), F.S.,
shall be granted a letter of consent or public easement upon receipt of a request and a legal
description of the affected land. However, such grant does not release the entity from compliance
with other applicable provisions of Chapter 18-18, 18-20 or 18-21, F.A.C.
RulemakingAuthority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.68,
253.72, 253.74, 253.75, 253.77 FS. History —New 3-27-82, Amended 8-1-83, Formerly 16Q-21.04,
16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-
16-03, 3-8-04, 10-27-05, 4-14-08, 9-1-09.
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
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Special Conditions for Federal Authorization for SPGP V-Rl
Note: JAXBO (Jacksonville District's Programmatic Biological Opinion), referenced
throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or
at http://cdml602l.contentdm.ocle.or /ut�ils/getfle/collection/pl602lcoII3/id/577.
The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or
at https:/hvww.sai.usace.army.miI/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 Projects
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 APl 1, 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-
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Project Name: Carol Lunt
Page 13 of 26
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 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@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-RI 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@dos. state.fl.us. The
Applicant/Permittee can also research sites in the National Register Information System (KRIS).
Information can be found at http://ww-w.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
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 14 of 26
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.
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-RI 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-RI 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-Rl 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-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 have commenced or are under contract to commence in
reliance upon the SPGP V-RI will remain in effect provided the activity is completed within 12
months of the date the SPGP V-RI 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
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 15 of 26
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 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. corn.
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
http://mrtp.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.).
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
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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.).
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://mvfwc.com/wildlifehabitats/managed/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
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 17 of 26
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 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.
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 18 of 26
(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 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
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 19 of 26
between the anchor chain or line and the marine bottom (Reference: JAXBO PDC
A2.10.).
General Conditions for Federal Authorization for SPGP V-R1
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.
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Project Name: Carol Lunt
Page 20 of 26
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 pennitted 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.
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 21 of 26
Department of the Army Permit Transfer for SPGP V-R1
PERMITEE:
PERMIT NUMBER: DATE:
ADDRESS/LOCATION OF PROJECT:.
(Subdivision) (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 Armv Dermits is finite, the hermit 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)
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 22 of 26
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.
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@mvFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -
water project activities. All signs are to be removed by the permittee upon
completion of the project. Temporary signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must
be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must
be posted. A second sign measuring at least 81/2" by 11" explaining the
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 23 of 26
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. `
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 24 of 26
a-
11111711 M3
All project vessels
When a manatee is within 50 feet of work
all in -water activities must
Deport any collision with or injury to a manatee:
�xw Wildlife Isla:
r 1-888-404-FWCC (8922)
cell * FWC or #FWC
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 25 of 26
E17T UPC,
o
��StATES OF �6
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric
Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th 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.
c. 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
Project No.: 56-166482-001-EG
Project Name: Carol Lunt
Page 26 of 26
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.
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.nmfsser@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is
available by region athttp://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
hqp: / /www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
1. All work must occur during daylight hours.
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130 S. Indian River Drive
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Fort Pierce, FL 34950
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Carol Lunt
405 Nettles Blvd.
Jensen Beach, FL 34957
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April 2021
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April 2021
Dock Access Section Thru
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Design loads to meet 2020 FBC- 7th Edition
Wind Load as per ANSI/ASCE 7-16
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130 S. Indian River Drive Carol Lunt
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Caroll-unt Sheet 3 of 5
405 Nettles Blvd. April 2021
Jensen Beach, FL 34957
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Sheet 4 of 5
April 2021
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to be left 42"
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2" x 6" #1.Marine Deck 0.40
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—� Sheet 5 of 5
405 Nettles Blvd. April 2021
Jensen Beach, FL 34957