HomeMy WebLinkAboutLetter - Army Corps Of Engineers'
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
400 HIGH POINT DRIVE, SUITE 600
COCOA, FLORIDA 32926
December 10, 2021
Regulatory Division
North Branch
Cocoa Section
SAJ-2021-03428 (GP20-JMB)
Todd Galt
9701 S Indian River Drive
Fort Pierce, Florida 34984
Sent via email: tqalt(&_bellsouth.net
Mr. Galt:
The U.S. Army Corps of Engineers (Corps) has completed the review of your
application for a Department of the Army permit, which the Corps received on 14
October 2021. Your application was assigned file number SAJ-2021-03428. A review
of the information and drawings provided indicates that the proposed work would result
in the extension of an existing dock and relocation of the existing boat lift to the new
terminal platform. The proposed construction includes:
1) Remove the existing terminal platform
2) Install 41 — 8"-12" new pilings
3) Extent the access pier and additional 165 LF
4) Install a new 160 SF terminal platform
5) Install a pile supported boat lift
Activities subject to this permit are authorized pursuant to authorities under Section
10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). The project is located in the
Indian River -St. Lucie Inlet Watershed (HUC 030902060504) at 9701 S Indian River
Drive, Fort Pierce, St. Lucie County, Section 29, Township 36 South, Range 41 East.
Latitude 27.3219850, Longitude-80.265004"
Your project, as depicted on the enclosed drawings, is authorized by Regional
General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please
access the Corps' Jacksonville District Regulatory Division Internet page to view the
special and general conditions for SAJ-20, which apply specifically to this authorization.
The Internet URL address is:
http://www.sai.usace.army.mil/Missions/Regulatory.aspx
Please be aware this Internet address is case sensitive and you will need to enter it
exactly as it appears above. Once there you will need to click on "Source Book"; and,
then click on "General Permits". Then you will need to click on the specific SAJ permit
noted above. You must comply with all of the special and general conditions of the
permit; and, any project -specific conditions noted below, or you may be subject to
enforcement action.
The following project -specific conditions are included with this authorization:
The following project specific special conditions are included with this verification:
1. Reporting Addresses: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special conditions of
this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@_usace.army.mil (not to
exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
The Permittee shall reference this DA permit number, SAJ-2021-03428 (GP-20), on all
submittals.
2. Commencement Notification: Within 10 days from the date of initiating the
authorized work, the Permittee shall provide to the Corps a written notification of the
date of commencement of work authorized by this permit.
3. Best Management Practices: Best management practices for turbidity/erosion
control shall be used when performing any activity authorized in this permit. The
permittee agrees that all wetland areas and surface waters outside of the specific limits
of construction authorized in this permit must be protected from erosion, siltation,
scouring or excess turbidity and dewatering.
a. Turbidity Barriers: Prior to the initiation of any of the work authorized by this
permit, the Permittee shall install floating turbidity barriers with weighted skirts
that extend to within 1 foot of the bottom around all work areas that are in, or
adjacent to, surface waters (borrow pit). The turbidity barriers shall remain in
place and be maintained until the authorized work has been completed and all
suspended and erodible materials have been stabilized. Turbidity barriers shall
be removed upon stabilization of the work area.
b. Erosion Control: Prior to the initiation of any work authorized by this permit, the
Permittee shall install erosion control measures (i.e. silt fences) along the
perimeter of all work areas to prevent the displacement of fill material outside the
work area into waters of the United States. Immediately after completion of the
final grading of the land surface, all slopes, land surfaces, and filled areas shall
be stabilized using sod, degradable mats, barriers, or a combination of similar
stabilizing materials to prevent erosion. The erosion control measures shall
remain in place and be maintained until all authorized work is completed and the
work areas are stabilized.
4. Self -Certification of Compliance: Within 60 days of completion of the work
authorized by this permit, the Permittee shall complete the attached "Self -Certification
Statement of Compliance" form 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
5. Cultural Resources/Historic Properties:
a: No structure or Work shall adversely affect impact or disturb properties listed
in the National Register of Historic Places (NRHP) or those eligible for
inclusion in the-NRHP.
b. If during the proposed activities and construction work within the permit area,
there are archaeological/cultural materials encountered which were not the
subject of a previous cultural resources assessment survey (and which shall
include, but not be limited to: pottery, modified shell, flora, fauna, human
remains, ceramics, stone tools or metal implements, dugout canoes, evidence
of structures or any other physical remains that could be associated with
Native American cultures or early colonial or American settlement), the
Permittee shall immediately stop all work and ground -disturbing activities
within a 100-meter diameter of the discovery and notify the Corps within the
same business day (8 hours). The Corps shall then notify the Florida State
Historic Preservation Officer (SHPO) and the appropriate Tribal Historic
Preservation Officer(s) (THPO(s)) to assess the significance of the discovery
and devise appropriate actions.
c. Additional cultural resources assessments may be required of the permit area
in the case of unanticipated discoveries as referenced in accordance with the
above Special Condition; and if deemed necessary by the SHPO, THPO(s),
or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5).
Based, on the circumstances of the discovery, equity to all parties, and
considerations of the public inter-est, the Corps may modify, suspend or
revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall
not resume on non-federal lands without written authorization from the SHPO
for finds under his or her jurisdiction, and from the Corps.
d. In the event that unmarked human remains are identified on non-federal
lands, they will be treated in accordance with Section 872.05 Florida Statutes.
All work and ground disturbing activities within a 100-meter diameter of the
unmarked human remains shall immediately cease and the Permittee shall
immediately notify the medical examiner, Corps, and State Archeologist within
the same business day (8-hours). The Corps shall then notify the appropriate
SHPO and THPO(s). Based, on the circumstances of the discovery, equity to
all parties, and considerations of the public interest, the Corps may modify,
suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such
activity shall not resume without written authorization from the State
Archeologist and from the Corps.
6. Pile Installation: The maximum number of piles installed per day is limited to no
more than 10 piles per day if installed by Impact hammer. There are no limitations on
the number of piles installed per day if installed by jetting. Pilings shall be installed in a
manner which will not result in,the formation of sedimentary deposits ("donuts" or
"halos") around the newly installed pilings. Pile driving is the preferred method of
installation, but jetting with a low-pressure pump may be use.
7. Jacksonville District Programmatic Biological Opinion (JAXBO), November
2017, Project Design Criteria (PDCs): Structures authorized under this permit must
comply with all applicable PDCs, based on the permitted activity, as required by
JAXBO. Please note that failure to comply with the applicable PDCs, where a take of
listed species occurs, would constitute an unauthorized take, and noncompliance with
this permit. The NMFS is the appropriate authority to enforce the terms and conditions
of JAXBO. The most current version of JAXBO can be accessed at the Jacksonville
District Regulatory Division internet webpage in the Endangered Species section of the
Sourcebook located at:
http://www.sa".usace.army.mil/Missions/Regulatory/SourceBook.aspx
a. Project Design Criteria (PDCs) for In -Water Activities: The Permittee shall
comply with the National Marine Fisheries Service's "PDCs for in -Water
Activities" dated November 20, 2017, provided as an attachment to this permit.
b. Daylight Hours: All activities must be completed during daylight hours.
c. Listed Species Observers: All construction personnel are responsible for
observing water -related activities to detect the presence of listed species and
avoid them.
Note - JAXBO may be subject to revision at any time. The most recent version of these
conditions must be utilized during the design and construction of the permitted work. In
accordance with the Endangered Species Act, and for those projects which do not
comply with JAXBO, the Corps will seek individual consultation with the NMFS.
Note - some authorized activities may deviate from the PDCs. In cases, where the
activity (i.e., structure dimensions, length, etc.) deviates from the PDCs, the permit
drawings shall supersede the PDCs.
For each of the following authorized activities subject of this permit, the permittee shall
adhere to the following PDCs, which are attached to, and made part of, this
authorization/verification letter:
Activity 2 - Pile -supported Structures and Anchored Buoys: (AP.1-14; A2.1-16; S.2; SA)
8. Protected Species - North Atlantic Right Whale: Information describing the
presence of North Atlantic right whales and the Federal regulations governing the
approach to North Atlantic right whales is provided as an attachment to this permit.
9. Protected Species — West Indian Manatee: The permittee shall comply with
the "Standard Manatee Conditions for In -Water Work — 2011" designed to protect the
endangered West Indian Manatee provided as an attachment to this permit.
10. Protected Species - Sea Turtle & Smalltooth Sawfish: The permittee shall
comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish
Construction Conditions" dated March 23, 2006, and provided as an attachment to this
permit.
11. Incidental Take: Incidents where Johnson's seagrass, or any individuals of
whale, sea turtle, sturgeon, sawfish, coral, or other species listed by NOAA Fisheries
under the Endangered Species Act appear to be injured or killed as a result of
discharges of dredged or fill material into waters of the United States or structures or
work in navigable waters of the United States authorized by this NWP shall be reported
to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the
Regulatory Office of the Jacksonville District of the U.S. Army Corps of Engineers at
904-232-1177. The finder should leave the plant or animal alone, make note of any
circumstances likely causing the death or injury, note the location and number of
individuals involved and, if possible, take photographs. Adult animals should not be
disturbed unless circumstances arise where they are obviously injured or killed by
discharge exposure, or some unnatural cause. The finder may be asked to carry out
instructions provided by NOAA Fisheries, Office of Protected Resources, to collect
specimens or take other measures to ensure that evidence intrinsic to the specimen is
preserved.
12. Dock Construction Guidelines: Constructions will need to comply with the
guidelines outlined in Construction Guidelines in Florida for Minor Piling -Supported
Structures Constructed in or over Submerged Aquatic Vegetation (SA 1), Marsh or
Mangrove Habitat U.S. Army Corps of Engineers✓National Marine Fisheries Service,
November 2017 provided as an attachment to this permit.
13. Assurance of Navigation and Maintenance: The Permittee understands and
agrees that, if future operations by the United States require,the removal, relocation, or
other alteration, of the structures or work herein authorized, or if in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the 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.
14. Regulatory Agency Changes: Should any other regulatory agency require
changes to the work authorized or obligated by this permit, the Permittee is advised that
a modification to this permit instrument is required prior to initiation of those changes. It
is the Permittee's responsibility to request a modification of this permit from the Cocoa
Regulatory Office.
General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 27, 2023.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of
this requirement if you abandon the permitted activity, although you may make a
good faith transfer to a third party in compliance with General Condition 4 below.
Should you wish to cease to maintain the authorized activity or should you desire
to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify
this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort of if
the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy
to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions
to this permit. For your convenience, a copy of the certification is attached -if it
contains such conditions.
6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been
accomplished in accordance with the terms and conditions of your permit.
This authorization does not obviate the necessity to obtain any other Federal, State,
or local permits, which may be required. Prior to the initiation of any construction,
projects qualifying for this NWP/RGP permit must qualify for an exemption under
section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable
permit required under Part IV of Chapter 373, F.S., by the Department of Environmental
Protection, a water management district under section 373.069, F.S., or a local
government with delegated authority under section 373.441, F.S. and receive Water
Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence
(CZCC) or waiver thereto, as well as any authorizations required for the
use of 258 F.S.
owned submerged lands under Chapter 253, F.S., and, as applicable,
ChapterYou should check State -permitting requirements with the Florida Department of
Environmental Protection or the appropriate water management district.
This authorization does not include conditions that would prevent the `take' of a state -
listed fish or wildlife species. These species are protected under sec. 379.411, Florida
Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish
and wildlife species designated as species of special concern or threatened by the State
of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife
Conservation Commission (FWC). You can visit the FWC license and permitting
webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list
of those fish and wildlife species designated as species of special concern or
threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains
updated lists, by county, of documented occurrences of those species.
If you are unable to access the internet or require a hardcopy of any of the conditions,
limitations, or expiration date for the above referenced GP, please contact John Baehre
at the letterhead address, by telephone at 321-504-3771 ext.13, or by email at
John M BaehreO-usace.army.mil.
Sincerely,
John Palmer
ief, Cocoa Permits Section
Enclosures