HomeMy WebLinkAboutFREELAND DEPDntis
FLORIDA DEPARTMENT OF Ron Gove norr
Environmental Protection JeanetteNoiiez
Lt. Governor
Southeast District Office
3301 Gun Club Road, MSC 7210-1 ShawnHamilton Secretary
ry
West Palm Beach, FL 33406 Secretary
561-681-6600
December 15, 2021
Dennis Freeland
9505 S Indian River Drive
Fort Pierce, FL 34982
Sent via e-mail: df4454Ltc aol.com
Re: File No.: 56-0411888-001-EG
File Name: Freeland Dock and Boatlift
Dear Mr. Freeland:
On November 1, 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 construct a 1,120 sq. ft. dock, a 160
sq. ft. roof over the terminal platform, and install a boatlift, within Indian River, within the
Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters a Class II Waters
Florida waterbody. The project is located at 9505 S Indian River Drive, Fort Pierce (Section 20,
Township 36 South, Range 41 East), in Saint Lucie County (Latitude N 27° 19'27.2317",
Longitude W -80° 16' 1.2682").
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
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 Kayla Reid at the letterhead
address or at (561) 681-6651, Kavla.Reid@Floridadep.gov.
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
www.floridadep.gov
Project No.: 56-0411888-001-EG
Project Name: Freeland Dock and Boatlift
Page 2 of 6
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.
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.
Project No.: 56-0411888-001-EG
Project Name: Freeland Dock and Boatlift
Page 3 of 6
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 VI, and a SEPARATE
permit or authorization will not be required from the Corps. Please note that the Federal
authorization expires on July 27, 2026. However, your authorization may remain in effect for up
to 1 additional year, if provisions of Special Condition 15 of the SPGP VI 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 VI with all terms and conditions and the General Conditions may be found online in
the Jacksonville District Regulatory Division Sourcebook:
(h€ tps://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
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;
Project No.: 56-0411888-001-EG
Project Name: Freeland Dock and Boatlift
Page 4 of 6
(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 Clerki,+ 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-
3000, or via electronic correspondence at Agency Cledi@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.
Project No.: 56-0411888-001-EG
Project Name: Freeland Dock and Boatlift
Page 5 of 6
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 fling 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 fled within 30 days from the date this
action is fled with the Clerk of the Department.
Project No.: 56-0411888-001-EG
Project Name: Freeland Dock and Boatlift
Page 6 of 6
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LJ!'
Norva Blandin, MSEM
Permitting Program Administrator
Southeast District
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-Rl
Project drawings, 8 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 — Danielle Sattelberger, Kayla Reid
Kimberly Colstad, kim ieardeaenvironmental.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.
U
Clerk
December 15, 2021
Date
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
(t) 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 adopted under section
379.2431(2)(t), F.S.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS.
Law 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 New 10-3-95, Formerly 62-341.427, Amended 10-1-13, 6-1-18.
www.floridadep.gov
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 permit 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), available at
www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManua1_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/docs/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.: 43 -0400973 -004-EG
Project Name: Terraglio Revisions
Page 9 of 29
(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.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418,
Project No.: 43-0400973-004-EG
Project Name: Terraglio Revisions
Page 10 of 29
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 New 10-3-95, Amended 10-1-07, Formerly
62-341.215, Amended 10-1-13.
Project No.: 43-0400973-004-EG
Project Name: Terraglio Revisions
Page 11 of 29
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 Il, 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.
(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(1), 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.
Rulemaking Authority 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.: 43-0400973-004-EG
Project Name: Terraglio Revisions
Page 12 of 29
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.
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Special Conditions for Federal Authorizations for SPGP VI-R1
1. Authorization, design and construction must adhere to the terms of the SPGP VI
instrument including the General Conditions for All Projects, Special Conditions for All
Projects, Applicable activity -specific special conditions, Procedure and Work
Authorized sections.
2. Design and construction must adhere to the PDCs for In -Water Activities (Attachment
28, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC
AP.1.).
3. All activities must be performed during daylight hours (Reference: JAXBO PDC
AP.6.).
4. For all projects involving the installation of piles, sheet piles, concrete slab walls or
boatlift I -beams (Reference Categories A, B and C of JAXBO PDCs for In -Water Noise
from Pile and Sheet Pile Installation, page 86):
a. Construction methods limited to trench and fill, pilot hole (auger or drop punch),
jetting, vibratory, and impact hammer (however, impact hammer limited to installing no
more than 5 per day).
b. Material limited to wood piles with a 14-inch diameter or less, concrete piles with a
24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal
boatlift I -beams, concrete slab walls, vinyl sheet piles, and metal sheet piles.
c. 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.).
d. 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).
5. The Permittee shall comply with the "Standard Manatee Conditions for In -Water
Work — 2011" (Attachment 29).
6. 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
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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://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
Archeologist at 904-232-3270 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.
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 Archeologist at 904-232-3270 shall immediately be
notified. Such activity shall not resume unless specifically authorized by the State
Archaeologist and the Corps.
7. 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.
8. Mangroves. The design and construction of a Project must comply with the following
(Reference: JAXBO PDCs AP.3 and AP.12.):
a. All projects must be sited and designed to avoid or minimize impacts to
mangroves.
b. Mangrove removal must be conducted in a manner that avoids any unnecessary
removal and is limited to the following instances:
(1) Removal to install up to a 4-ft-wide walkway for adock.
(2) Removal of mangroves above the mean high water line (MHWL) provided
that the tree does not have any prop roots that extend into the water below the MHWL.
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(3) Mangrove trimming. Mangrove trimming refers to the removal (using hand
equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of
the trunk of the tree) in a manner thatensures survival of the tree.
(a) Projects with associated mangrove trimming waterward of the MHWL are
authorized if the trimming: (a) occurs within the area where the authorized structures are
placed or will be placed (i.e., removal of branches that overhang a dock or lift),
(b) is necessary to provide temporary construction access, and (c) is conducted in a
manner that avoids any unnecessary trimming.
(b) Projects proposing to remove red mangrove prop roots waterward of the
MHWL are not authorized, except for removal to install the dock walkways as described
above.
9. For Projects authorized under this SPGP VI 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.
10. Notifications to the Corps. For all authorizations under this SPGP VI, including Self -
Certifications, the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. Within 10 days from the date of initiating the work
authorized by this permit the Permittee shall submit a completed "Commencement
Notification" form (Attachment 8).
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 9) 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.
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
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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 10).
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-2015-2575 on all submittals.
11. The District Engineer reserves the right to require that any request for authorization
under this SPGP VI be evaluated as an Individual Permit. Conformance with the terms
and conditions of the SPGP VI does not automatically guarantee Federal authorization.
12. On a case -by -case basis, the Corps may impose additional Special Conditions which
are deemed necessary to minimize adverse environmental impacts.
13. Failure to comply with all conditions of the SPGP VI constitutes a violation of the
Federal authorization.
14. The SPGP VI will be valid through the ,expiration date 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 expiration date, is not contrary to the public interest. The
SPGP VI will not be extended beyond the expiration date but may be replaced by a new
SPGP. If revocation occurs, all future applications for activities covered by the SPGP VI
will be evaluated by the Corps.
15. If the SPGP VI 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 VI will remain in effect provided the
activity is completed within 12 months of the date the SPGP VI expired or was
revoked.
Special Conditions for Docks. Piers, Associated Facilities, and other Minor Piling -
Supported Structures.
16. Chickees must be less than 500 Wand support no more than 2 slips (Reference:
JAXBO PDC A2.1.6.).
17. The design and construction of a Project over marsh (emergent vegetation) must
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comply with the following:
a. The piling -supported structure shall be aligned so as to have the smallest over- marsh
footprint as practicable.
b. The over -marsh portion of the piling -supported structure (decking) shall be
elevated to at least 4 feet above the marsh floor.
c. The width of the piling -supported is limited to a maximum of 4 feet. Any
exceptions to the width must be accompanied by an equal increase in height
requirement.
18. Mangroves. For pile -supported structures, the following additional requirements for
mangroves found 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" U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) shall apply:
a. The width of the piling -supported structure is limited to a maximum of 4 feet.
b. Mangrove clearing is restricted to the width of the piling -supported structure.
c. The location and alignment of the piling -supported structure should be through the
narrowest area of the mangrove fringe.
19. Regarding SAV, the design and construction of a Project must comply with the
following:
a. A pile supported structure
(1) 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
(2) 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),
but outside of 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) will be constructed to the following standards:
(a) If no survey is performed in accordance with the methods described in the
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Procedure section of this document, section I.3, then SAV is presumed present and the
pile -supported structure 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" U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11). For the purposes of SPGP, two uncovered
boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts and minor structures in Monroe County may be installed within
existing boat slips without completion of a SAV survey. Boatlift accessory structures, like
catwalks, shall adhere to "Construction Guidelines in Florida for Minor Piling- Supported
Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat" U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11) if a SAV survey has not been completed.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face (wet face) of the seawall).
(b) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including seagrass,
tidal freshwater SAV and emergent vegetation), then the pile -supported structure 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" U.S. Amy Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit, two uncovered boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts may be installed within existing boat slips without completion of a
SAV survey.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face (wet face) of the seawall).
(c) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is absent (including seagrass,
tidal freshwater SAV and emergent vegetation), then no design restrictions are required
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and boatlifts may include a cover.
(d) 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 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) but not within Johnson's seagrass critical habitat will be
constructed to the following standards:
(iii) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then seagrass is presumed present and the
pile -supported structure 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" U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) with the sole exception of the number of allowable boat
lifts. For the purposes of this permit, two uncovered boatlifts are allowed.
(e) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section 1.3, and SAV is present (including seagrass,
tidal freshwater SAV and emergent vegetation), THEN pile -supported structure 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" U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit, two uncovered boatlifts are allowed.
(f) If a survey is performed in accordance with the methods described in
the procedure section of this document, section 1.3, and SAV is absent (including
seagrass, tidal freshwater SAV and emergent vegetation), THEN no design
restrictions are required and boatlifts may include a cover.
(g) A pile supported structure located within Johnson's seagrass critical
habitat will be constructed to the following standards:
(i) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section 1.3, then seagrass is presumed present and the
pile -supported structure must comply with or provide a higher level of protection than, the
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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" U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) with the sole exception of the number of allowable boat
lifts. For the purposes of this permit, two uncovered boatlifts are allowed.
(ii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is absent and the project is
1. A dock replacement in the same footprint, no design restrictions are required.
2. A new dock or dock expansion THEN pile -supported structure 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" U.S. Army Corps of Engineers/National Marine Fisheries
Service updated November 2017 (Attachment 11). For the purposes of this
permit, two uncovered boatlifts are allowed.
(iii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including
seagrass, tidal freshwater SAV and emergent vegetation), then pile -supported structure
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" U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11). For the purposes of this permit, two uncovered
boatlifts are allowed.
20. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 30) 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 the North Atlantic Right Whale Information Form to their
authorizations for any dock project (new construction, repair, or replacement) at a
private residence located within 11 nautical miles of an inlet that leads to areas within
the known range of North Atlantic right whale. These zones, with an 11 nm radius, are
described by the North Atlantic Right Whale Educational Sign Zones, Attachment 7
(from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive). (Reference JAXBO PDC
A2.4).
21. Educational Signs. For commercial, multi -family, or public facilities, and marine events,
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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. 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:
(https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational -
signs). The signs required to be posted by area are stated below:
https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational -
signs
(1) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) Projects within the North Atlantic right whale educational sign zone shall
post the Help Protect North Atlantic Right Whales sign.
(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.
22. 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. 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) Be constructed and labeled according to the instructions provided at
http://nu-rp.myfwc.com.
(2) Be maintained in working order and emptied frequently (according to
http://mnp.myfwc.com standards) so that they do not overflow.
23. 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
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Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/
(Reference: JAXBO PDC A2.8.).
24. 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.).
25. Aids to Navigation (ATONs). ATONs 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.).
26. Aids to Navigation (ATONs) in Acropora critical habitat. The distance from ATONs to
ESA -listed corals and Acropora critical habitat (Attachment 20) 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.).
27. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.):
(1) ATONs (pile -supported and anchored buoys) are allowed in nearshore
reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA
DPS) of loggerhead sea turtle critical habitat.
(2) No other pile -supported structures are allowed in nearshore reproductive
habitat.
General Conditions for All Projects:
1. The time limit for completing the work authorized ends on Jule 27.2026.
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
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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 (Attachment 10) 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 or proposed Federal
proj ects.
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 oron 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 permittedwork.
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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 thispermit.
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 VI-R1
PERMITEE:
PERMIT NUMBER:
ADDRESS/LOCATION OF PROJECT:
DATE:
(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 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)
(Date)
Project No.: 43-0400973-004-EG
Project Name: Terraglio Revisions
Page 26 of 29
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 Im eriledS ecies c-vm FWC.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 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of
in -water operations must be posted in a location prominently visible to all personnel
engaged in water -related activities. Questions concerning these signs can be sent to the
email address listed above.
Project No.: 43-0400973-004-EG
Project Name: Terraglio Revisions
Page 27 of 29
CAUTION: MAN ""E HABITAT
All project vessels
IDLE SPEED/NO WAKE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
.: 1-888-404-FWCC (3922)
cell * FWC or #FWC
Project No.: 43 -0400973 -004-EG
Project Name: Terraglio Revisions
Page 28 of 29
reo of
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.
Project No.: 43 -0400973 -004-EG
Project Name: Terraglio Revisions
Page 29 of 29
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
takerep ort. mnfs s er(co no aa. g ov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by
region at htt2://www.nmfs.noaa.gov/vr/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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US Amy CoMe Project DesiLu C r ite ria t hrckGst for the U.S. Arm• Co sof Eainn" Jacksonville District's Programmatic Biolo Lical OP inion
of "I nuns. Summar. Checklist i Must be submitted with all nroict
Permitting Agency's Internal Use Only:
12/13/21 Date checklist sent to NMFS Reid 56-411888-001-EG Applrcan #
(MM/DD/YY1 Reviewer last Name (for Corps: SAJ-XXXX-XXXXX) Checklist Version'
FDEP Indicate the agency issuing the permit/authorization.
0 Yes %0 No Is this a re -verification, edit, or modification to a consultation previously submitted under JaxBO?
If yes to above, enter date of previous Tier B consultation
If another NMFS programmatic BO was used for the proposed project, please select name of programmatic BO used.
KR The Corps Project Manager or Delegated Authority has reviewed and confirmed that the proposed project meets all PDCs. It is the responsibility of the reviewer to ensure the proposed project complies
with all the applicable PDCs. Please enter initials of reviewer.
19505 S. Indian River Drive I Project Street Address 127.32422913NLatitude (decimal degrees, centroid of the project)
Fort Pierce _ city-80.26763674W Longitude (decimal degrees, centroid of the project. Please include the negative symbol)
St. Lucie l County(Florida) NSA Municipality(Puerto Rico &USVI)
Select all activities used for the entire proposed project:
1 �✓ 2 3 4 5 6 7 8 9 10 Superseding Process
GeoZraphic Area
Is the project located in
the geographic area?
Select DCH
Unit
Are Essential
Features
Present?
11f Essential Features are present enter area of imlVact
Smalhooth Sawfish DCH Limited Exclusion Zones (AP.4l
Yes
pNo
N/A
N/A
N/A
Gulf St eon DCH Migratory Restriction Zones (AP.4j
0 Yes
• No
N/A
N/A
N/A
Atlantic Sturgeon DCH Exclusion Zone APA
Yes
O No
N/A
N/A
No activities allowed here!
North Atlantic Right Whales Educational Si Zones tAP.4l
• Yes
• No
N/A
N/A
N/A
U.S Caribbean Sca Tunic Critical Habiut Rcwfctiar, Zuaes tAPA4
Yee
•' No
N/A
IN/A
N/A
BI de's Whale Exclusion Zone I AP.41
Ycs
0-No
N/A
N/A
No activities allowed here!
Smalltooth sawfish DCH
0 Yes
• No
Yes
No
LF of Red Mangroves SF of shallow euryhaline water
Gulf stur eon DCH
Ycs
ON.
110
Yes
0
No
SF of essential features
Loggerhead sea turtle fNW A DPS) DCHz
0 Ye_+
ONO
1
0 Yes
0
No
SF ofessential features
Green sea turtle (NA DPSI DCH
Yea
@No
N/A
Yes
No
SF ofessential features
Hawksbill sea turtle DCH
) es
• No
N/A
Yes
No
SF ofessential features
Leatherback sea turtle DCH
Ycs
•' No
N/A
Yes
Q
No
SF of essential features
St horn and elkhom iAcro oral coral DCH
Yes
G No
Yes
-
No
No impacts to essential features allowed.
Johnson's se sass DCH
Yes
•. No
Yes
No
SF ofessential features
North Atlantic riIht whale DCH
0 Ycy
• No
0 Yes
No
I SF ofessential features
Atlantic sturgeon DCH
ycs
4@No
N/A
No activities allowed here!
Ye:nes Is the Project in or near areas with mangroves, seagrasses, corals, or hard bottom habitat? Does it comply with PDCs for Mangroves, Seagrasses, Corals, and Hard Bottom for All Projects (AP.3)
Resource Present in the uroiect fooh.rintY I
Mangroves
0 Yes
� No
Nonlisted Sea ss
Yes
� No
Johnson's Sea s
k Yes
n No
228.00
Listed Corals
' Yes
No
Nonlisted Corals
Yes
0 No
Hatdbottom
Yes
No
1,86E SF of Overwater Impacts (area of structure over/above the water surface, e.g., docks or canopies)
70.00 SF of Total In -water Impacts (area of substrate that is permanantly changed below MHW, e.g., by seawall, riprap, or cross -sectional area of piles)
F✓ Yes Applicant agrees to adhere to PDCs for In- Water Activities (AP.1) as described in AP.7 through AP.1 l
F-71Yes Applicant agrees to perform all activities during daylight hours (AP.6).
Yes W No Is the project within the boundary of the Florida Keys National Marine Sanctuary (FKNMS)?
ElYes If within the boundaries of FKNMS, received NOAA authorization?
To be completed by applicant or agent if permit is issued by a delegated authority (FDEP, Miami -Dade, etc.) Please enter full name of applicant or applicant's representative:
Kl fll berly Colstad I The applicant or applicant's representative ensures the project complies with the PDCs and all information in this form and individual checklist(s) is correct
The SF of Overwater Impacts and Total In -water Impacts are listed as 1,860 square feet for the proposed 1,860
square foot dock. For Total In -water Impacts, 70 was entered for expected up to 70 new 8-inch diameter wood pilings
for the proposed dock and boatlift.
11:F:.:..al.oa:..............o....l....:,.:.....1.............1....:.... a., l.,...'1:F........... Ae.... __H........:..... 1.......1...«.....1....A..... ___1...-e....l....:. al.., ..I..,,.Ln... N7---_--__ IAA 111� A 1i ^ I r
US Army Corps
of Engineers,
Pro•ect Deshm Criteria Checklist for the U.S. Armr Corps of En,in,ers Jacksonville District's Programmatic Biolo is 1 Qvinion JAXBO
A encv internal use:
12/ 13/21 ate checklist sent to NMFS Reid 561311888-001-EG I,::::] Checklist Version
(MM/DD/YY) PM Last Name Application #
Proposed Activity (Select all that apply):
_✓ Dock New = Mooring/Dolphin piles =Chickees = Temporary structures/buoys
= Dock Repair = Mooring buoys = ATONS/PATONS =Other (Provide description in Comments box at bottom)
= Dock Replacement = Mooring fields =✓ Boatlift
sme�-tamiry Select the type/use of the strucure
Enter information about the proposed activity:
°0 Total number of existing dry slips 0 Total number of existing wet slips
=Total number of proposed dry slips = Total number of proposed wet slips
Piling Installation Data: Enter data as appropriate for different pile types used. JAXBO does not cover installation of metal piles or sheet piles with impact hammer (AP 2; Section 2.2).
ane Pile Type I "^ Pile Type 2 "n Pile Type 3 0 Pile Type 4
70 Number of Piles Number of Pfles 0 Number of Piles 0 Number of Piles
0 Size of each Pile (sq.ft.) Size of each Pile (sq.ft.) Size of each Pile (sq.ft.) Size of each Pile (sq.ft.)
N ood Pile Material Pile Material 0 Pile Material Pile Material
Impact Hammer Installation Method Installation Method 0 Installation Method OInstallation Method
opeo-warer Project in Open -Water or Confined -Space Environment (AP.2; Section 2.2)?
r -1 Select Noise PDC Category (AP.2.) as detailed in (Section 2.2).
For commercial/multi-family/public facilities and marine events which of the following signs will be posted (A2.2.) Select all that apply:
= Save Sea Turtle/ Sawfish/ and Dolphin Sign = Help Protect North American Right Whale = Report Sturgeon = U.S. Caribbean
"n For commercial/multi-family/public docking facilities/monofrlament recycling bins will be installed. (A2.3)
yes North Atlantic Right Whale Educational Sign Zone: Is the North Atlantic right whales handout included as special condition of permit (A2.4.)?
"0 Does the project include a municipal or commercial fishing pier?
Q Is dock within visible distance of an ocean beach? 01f yes; is turtle -friendly lighting installed as required by JAXBO (A2.8)?
0 Will project construction take place from uplands or from floating equipment (e.g. barge) as required (A2.9)?
0 Dock Construction Scenario included as a special condition (A2.17)?
For ro•ects located in Designated Critical Habitat lease complete apalicable section below:
"0 Is the project located in the geographic area of Smalltooth Sawfish Critical Habitat?
= Is project located in smalltooth sawfish limited exclusion zone?
Is the project located in the geographic area of Gulf Sturgeon Critical Habitat?
"n Enter width of the area (e.g. channel/ bay) if in a the Gulf sturgeon critical habitat migratory restriction zone (Section 2.1.1.2)
Select additional noise restrictions required as special condition in Gulf sturgeon critical habitat migratory restriction zones (A2.11).
"0 Is�theroject located in the geographic area of Acropora Critical Habitat?
INO I Are essential features present?
0 Is hardbottom present in project footprint? (AP.14).
"0 Is the roject located in the geographic area of Johnson's Seagrass Critical Habitat'?
NA Water depths (insert range of water depths where project will occur as minus MLW)
"^ Project includes a new marina or multifamily facility (A2.14)?
= Does the project include repair/replacement and reconfiguration of existing marinas or multi -family facilities?
If project is repair/replacement and reconfiguration of existing marinas or multi -family facilities then select all that apply under JAXBO (A2.14):
= Occurs within same overall footprint (out to the perimeter of the facility including the outer limits of the structure and permitted mooring locations).
= Does not increase the total aerial extent (i.e. area of coverage from the dock structures) of the existing facility.
= Does not affect Johnson's seagrass.
0 Is the project located in the geographic area of Nearshore Reproductive Habitat of NWA DPS of Loggerhead Sea Turtle Critical Habitat?
"Q Does the project include the installation of a structure other than ATONs (A2.15)?
Is the project located near sea turtle nesting beaches in the geographic area of U.S. Caribbean Sea Turtle Critical Habitat?
= Does the project include the installation of a structure other than ATONs near sea turtle nesting beaches (A2.16)?
Comments:
Please note this checklist does not contain all of the PDCs. Please refer to the Biological Opinion to confirm the project meets all
PDCs prior to completing this checklist. Notes in parenthesis refer to corresponding section of JAXBO.