HomeMy WebLinkAboutEnvironmental Protection14
FLORIDA. DEPARTMENT DE
.Envlronmentnl�:Pro ction.:
Southeast'District:0ffice
3301 Gun Club Road, MSC 7210-1
West PalnvBrach, F'L33406,
561-681-6600
February 25,. 2022
Michael Cecere 1
1095 Nettles Blvd
.Jensen Beach, FL 34957 O�
Sent via e-mail::'.' ii:iill2. ' ;11:,i
Re: File No.: 56-415310-001-EE
File. Name.: Cecere. Residence
Dear. Michael Cecere:
116n,99santir
Governor
Jeanette Nunez
Lt. Governor
Shawn Hamilton
Secreta ry
N.. SETBACK REQ.
)NT"._ Z,
RA�
Onaanuary 21., 20'22, we°receilved y or request; for verification -of exemption,to perform the
following activities: Elm sta i a oat 1rr i The project islocated in a canal, within the. Jensen
Leach.to. Jupiter InletAquatic Preserve -Outstanding. Florida.`Waters,, Cl�Lss.II.`Naters.,_a4jacent.to.
1095 Nettles Blvd. (Section 3, Township 37 South, Range.41 East)., -in Saint Lucie County
(Latitude N 26' 7' 59.07", Longitude W 80' 6' 36.95").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption,
(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the United States.
l nr roj�eetqalifies for all tIh . However, this letter does not relieve you from the
responsi i1obtaining•crther.federal.,slate,.or,.local.au.thorizati.on:s..thatmay be.required.for,
the activity. .
If you change the project from what you submitted,. the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior- to beginning your
project if y.ou wish to make any changes.
If you have any questions regarding -this matter, .please contact Kylie Shivers at the letterhead
address or at
Projeci'No.: 56-41531 MO I -EE
Project Name: Cecere Residence
Pa4e 2 of 5
1. Regulatory Review DErR+ i >(i , ]9
Based on the information submitted; -the- Department -has- verified that -the -activity as- propose&is
exempt, under Chapter 62-330.051(5)(h), Florida Administrative Code, from the need to obtain a
regulatory. --permit tinder Part IV. of,Chapter:373 o:fthe. FIorida::Statute5.
This exemption verification is based.on .the information. you.. provided. the.Department.and.the .
statutes and rules in -effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial
modifications tothe project -design should -be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Revie t-IM oQ EDP
Theactivity does not requirefurtherauthorization under chapter 253 of: the Florida. Statutes, or
chapters 18-20 or. 18-21 of the Florida. Administrative Code.
3. Federal Review eSr 1�
Your proposed activity as out fined '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.. '_ou,. as. permi.ttee, al e_+;eq.rtred to.. acihet'e.ao �tI1. G.enei al C.oncitionti anti. S.pes ial. C.otaditionti., .
that may apply to your project.. Special conditions requiredfor 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:
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 189.9, and. Section 404-of the Clean Water.
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state .personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
rare not in compliance; you -may be subject, to penalties` under Chapter-373, F.S,, and-Chapter-181`
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..
Project"No.: 56-4153 i o-0o l =EE
Project Naive: Cecere Residence
Page 3 o1'5
before the deadline for filing a petition. On the filing of a timely and- sufficient petition, this
action will note be°final`and°effective-until furtherof-der-of the"Department: B_ eeiuse-the7
administrative hearing- process is designed to -formulate final agency action, the hearing- process
may result in,.a,.niodificat:ion:of the.agenc>y,action orteven,denialof theapplication.
Petition.for.Adininistrativ.e. l.learin`
A person whose substantial interests are affectedby the..DepartmenCs action may petition.for an
administrative proceeding (hearing) tender 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 naine,-address' any e mail address, any facsimile number; and'telephone number
of the petitioner; if the petitioner is not representedby an attorney or a qualified
representative.„ th.e. name,; address ,.and. telephone.number: or the,petitioneCs:
representative, .if any,- which shall. be the address for service purposes during, the- course of
the proceeding.. and an explanation of how the petitioner's substantial interests will be
affected by the agency determination;.
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all.disputed issues of material fact. 'If'there are none,. the petition must
so indicate;
(e) A concise statement of:the ultimate facts alleged; including the :specific -facts that the
petitioner contends -warrant reversalor modification of the --agency's proposed action-,
Mf A st<iteinent of..the:specific,rules or.statute~.:that.tlte,petitioner.,contends,,require,
reversal or -modification of the agency's proposed action, ,including an explanation of
how the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the _petitioner,. stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard; Mail Station,35,' Tallahassee.' Florida 32399-
3000, or via electronic correspondence. at Agency_ Clerk@dep.state.fl.us. Also, a copy of the
petition,shal.l:be mailed to the applicant at the address indicated.abov.e. at-the,time of.filing.
Tiinc Period. for. Filing a. Petition.
In accordance: with Rule 62-1.10..106(3.), F.A.C., petitions for an administrative hearing by the.
applicant and persons entitled to written notice under Section 120.600), F.S., must be filed
within 21 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 21 days of piiblicatioriof the notice=or wi hin`21 'days•of receipt of the written.nptice,
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 challen.ge�.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 Rulle_,62.
110.106(10.)(a).
Project'No.: 56-41'5�)'10-601'=EE
Project Name: Cecere Residence
Page .T of 5
The failure to file a petition within the appropriate time period shall constitute a waiver of that
persons, right to request an adiliiiristi•ative-deternrination;(hearing) under,S&ctions-120:5`69`and
120.57, F.S., or to intervene in this proceeding and participate as a party- to it. Any subsequent
:intervention (i:n-a-proceeding.initiated-by�anotherparty),wi.11-be only:at the -,discretion, of the.
presiding officer upon the filing of a motion in compliance with Rule 2&1,06.205, F.A.C. If you
do not publish..noticc.of this..actioii,..t-t�is.wai.v.-er.wall.not. apply to..peLSons.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 tine to 'file a petition.for an administrative
hearing. The Department may, for goodcause shown, grant the request for an extension of
time. Requests -for extension of time must be filed`with,the-O Tice of:GeneralCounsel of the
Department at 3900 Commonwealth Boulevard Maid Station 35, Tallahassee,' Florida 32399-
3000,:or via electronic correspondence at Agency,._Clerk@ dep.state.11.us,.before: the deadline. for
filing a .petition for an administrative hearing. A. timely request for extension of time shall toll the
running of. the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC'Review
The applicant, or any party within the meaning -of Section 373.Il4(1)(a) or-373.4275, F.S., may
also.seek.appe.11_ate..:re.view.of.this;order.before.the.Land..and:Wate.r.Adjud.icato:ry Commission,
under.Section 373..114(1) or 373.4275, F.S. Requests for review before the. Land. and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department. within.20 days from the date when this order -is -filed with the. Clerk of the.
Department.
Judicial Review
Once this decision becomes -final; . any -party to this action has the right to seek -judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant- to Florida Rules of
Appellate Procedure-9.11.0 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
appropriatedistrict court of appeal.. The .notice .must. be -filed within 30 days. -from the date this
action is filed with the Clerk of the Department.
Projecf No.: 56-45310'001 -EE
Project Name: Cecere Residence
Pq,no 5 o1' 5
EXECUTION AND CLERKING
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Norva Blandin,. MSEM
Permitting Program Administrator
Southeast District
Enclosures:
Attachment A -Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP VI-R1
General:Conditions ,for Federal. Authorization for SPGP, VI-R.l<
Project drawings, 3 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 — Norva B1andirr, Danielle S°attelberger, Kylie -Shivers
Michael Cecere,
Additional mailings:
Irene Arpayoglou ..
FIT •ING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk
February 28. 2022
Date
Attachment A
62-330.051 Exeinpt'Activities.
The activities ineeti — the limitations and restrictions below are exempt from permitting. However, if located in, on.
or over suite -owned SUi'merged iandK. they are subject to it Sepilfate authorization Under chapters 25) 7 and 2:5)c8°. _l'.S..
as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work -
'(h)Ir4re i'� n'a utl'tti la tia,nile su T76titedil o t lll{ 4ytthin all existing mooring .area at it docking facility that is legally
in existence, provided:
1. Such: installation does not,conflict with a,condition of a permit issued thereunder;
2. The boat.lift does not.include additional structures -such as. Platforms, cat.walks. and.roofs.
Special Conditions for Federal Authorizations "for SPGP VI -RI
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 -.spacial conditions, Procedure•and'W.ork..
Authorized sections.
2. Design and. construction must adhere to the-PDCs_for In -Water Activities (Attachment-
28, from PDCs AP.? through AP.] 1, 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=bearns (Re ference.Categories A, B and,C.of.JAXBO PDCs,rc» 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,. harmer. (however.. impact, han- ner limited to, installing no
more than 5 per day).
b. , Material'limitedl to wood piles withh-a 14-inch diameter or less, concrete pile:s with a
24-inch diameter/width or less, metal pipe -piles with a 362inch diameter or less, metal
boatlift 1-beams, concrete. slab -walls; vinyl• sheet piles,- and: metal: sheet piles.
c. .Any installation of metal pipe or metal :sheet pile. by impact. haiiimer 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 Al:6).
5. The Permittee shall comply with the "Standard Manatee Conditions for In -Water
Work — 20.1.1 " (AttuchrnerA 29).
6. No structure or work shall adversely affect or disturbproperties listed. in the National
Register of Historic Places or those eligible for inclusion in the National Register. Prior to
the start of work, the Applicant/Permittee or other party on the Applicant's/Permittee's
behalf, shall conduct a search of known historical properties by contracting a professional
archaeologist, and contacting the Florida Master Site File at 850-245-6440 or
-SiteFile,@d'os:state.f7.us. The Applicant/Permittee can also�research sites in the National
Register Information System ;(NRIS),Information can be found at
http://w w-w<:c.r,irps;go,vinti-reseax:ch.
a. If, during the initial'ground disturbing activities and construction work, there are
archaeologicaticultural materials unearthed (which shall include, but not be limited to:
pottery, modified :shell, flora., fauna, human -remains, ceramics, stone•tools or inetal-
implements, dugout canoes or any other physical remains that could be associated- with
Native .arrierican. c:ultures,or, early- co.loniaL.or. Aiueric.an.;settlenLen l)..,llre, Periniltee shall
immediately ,stop all work-in the vicinity and notify the Compliance and.Review staff of
the State Historic Preservation Office at 8.50-245- 5333 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
in4accoidance:with..Secti.on.872.( 5, Florida,Statu.tes;,altwo.rk.in..tiie,yicmity.,s;:nall,
immediately cease and the -local law authority, and the State Archaeologist (850-245-
5444) and the Corps Regulatory Archeologist.at.9.(?4-232-3270 shall., immediately be
notified. Such activity shall not xesurne .unless specifically authorized by the State
Archaeology_rist and the Corps.
7. The Permittee is responsible for obtaining any "take" permits required under the U.S. Fish
and Wildlife Service's-regulations•govern higcompliance-with"these lativs: The- Pernuttee�
should contact the appropriate local office of the U.S. Fish and Wildlife SerN4ce to
determine if such "take' perna.its are required for apar-ticularactivity..
S. .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.tu:a.4-ft-w.ide..walkway.for.a:duck.
(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.
(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 that -ensures survIvali of the tree.
(a) Projects with �associated mangrove trimming;waterward of the MEWL 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- overhan -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-reel 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 SPG.P 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..witiiout..expens.eto. the United:S ates..N:o 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 P&niittee- shall submit a completed- "Commencements
Notification" form (Attachment 8).
b. Corps Self-Cen7 fication Statement of Compliance form_ Within 60 days of completion
of the work authorized by this, permit, the Permittcc: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
of this permit and the.associated.li.abilities 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-@,us ice.army:mil'(not to -exceed. 10
MB ). The Permittee shall reference this permit number, SAJ-2015-2575- on all submittals.
11. The Distriet'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 note -automatically guarantee•Federal authorization-.
L2..Ou a case=by-case:basis...the .Gulps ni.ay irtipose. additional.:Sp.ecia1_QondiIion s 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-Di
strict Engineer. The Corps, in conjunction with the -
Federal resource auencies, will conduct periodic reviews to ensure- that continuation of the
permit, during the: period,:.ending•expirati.on date„is not contrary- to,the public interes.t..The.
SPGP VI will not.be extended beyond the expiration date but may be -replaced by a new
SPGP. If revocation occurs, all future, appl-ications 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•comnrence in reliance upon'the SPGP VI will remain- itit 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 ft2 and support -no more than 2 slips (Reference:
JAXB.O PDC f12.1.6.).
f �. The design and con:>tructi'oil of a Project_ over -marsh (emergent veger~ation) must,
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-f1bor.
c. The width. of.tlie..piling-supported.js-liniited•to, a.maximuiR..Df,4 feet. Any
exceptions to the width must be accompanied by an equal increase in height
requirement.
18. Mannroves. For pile -supported structures, the following additional requirements for
mangroves found in the joint U.S.'. Army Corps of:Eilgineers'7National'M.arine 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. Arnry Corps of Engineers/National Marine -Fisheries Serviceupdated.
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 alignrnenrof'th'e piling -supported;; structure should,be throuah�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.
(1) that is located on a natural waterbody (i.e. outside an artificial waterway that
was excavated for-boatincy,accessandis- bordered-by'residential properties): and,
(2) that is.within-the.range of seagrass (estuarine-waters,with in- -al l-coastal,
counties except for Nassau, Duval, .St Johns, Flagler and Volusia north of Ponce. Inlet),
but.outside,ofthe range.ofJ:ohnson's.scagmss,(tlle range ofJ,ohns.on's scagrass 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
Procedure :section of this' document, section I.3, then SAV is pi-esumed'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 Consirucled.iri or over Sitbinergecl.Aquati.c' Vegefaiion (SA.b'), Marsh or
Mangrove Habitat" VS. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 .(Attachment 11). For the purposes of SPGP, two uncovered
boatlifts are allowed.
W 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 ;oust. slips .without completion. of .a.,SA-.V. sur,vey,. B.oat:lift..access,or'y..str..uctures;, ,like..
catwalks, shall adhere to "Construction- Guidelines in Florida for Minor Piling- Supported
Structures Constructed in -,or oi,eir Stt.btrter�getl Ac/ttcttic Ve�ctation (SAV), Marsh or-
Man.grove 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 isperformed in accordance withthe methods described in the
Proccdurc section of this. document, sLctlon_I. 3, and SAV is. present (including scagrass,_
tidal freshwater. SAV and emergent vegetation), then the pile_supported structure must
comply with,, or provide a higher level of protection tharL the.prnto.Gi.ive.,cr_i.ter.i:a..in..tlie.
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 boatli fts > are allowed,.
(i) If the. pile supported. structure is currently &erviceable,,.repair andreplacement.
may occur in the same footprint without completion of a benthic.;urvey.
(ii) B.oatlifts maybe installed withinexisting, boat..slips_ withput .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.34 and SAV is absent'(including seagrass
tidal freshwater SAV and emergent vegetation), then no design restrictions are required
and boatlifts.may include ,a cover...
(d) A pile supported:structur.c.
(i) that is located on a natural waterhody (i.e. outside an. arti.fici.al. waterway that
was excavated for boating access and is bordered by residential properties); and
(ii) that is within the range -ofJ'ohnson's seagrass (the range of Johnson's'soagrass,
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 .doc,umew, section 1.3, .then seagrass is presumed preset?t 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 Floridafor 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 l 1) with the sole exception of the number of allowable boat
li,fts.:F..or.the .purpose,s.of.this,.pet;mil} two. uncovere.d...b_oatlifts..are.allowed,
(e) 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 -.pi -le -supported :structur-e:lnust
comply with or provide -a higher -level of protection than, the protective criteria in the joint
-U.S. Army. Corps:.of.Engin. eers'/Nation<<tivlarine: Fisher)es.:S.er..vi.�e.'s."C.unsir_uGti.un:
Guidelines in .Florida. for Minor Piling -Supported Structures Constricted 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 l 1):
For the purposesof this.permit, two uncovered boatlifts are allowed.
(1) 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. requit•,ed_and.,boatlifts may. include. a.cove.r.
(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 withthe 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 Knor Piling -Supported Structures:
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat" U.S. Army Corps of. Engineers/National Marine Fisheries.S.crvice updated
November 2017 (Attachment 1.1) with the sole exception of the number of allowable boat
lift. 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 riew dock or dock exl atision.THEN.pile-suip.ported, tr:ueture inus.t coriiply.
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) . Iti 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 protect -ion -than, the protective criteria in
the jotnt'U:S-. Army Corps of Engineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor Pilinb Supported Structures
Constructed' in -or over Submerged�'Agriatic Vegetation (SAV), Marsh or�Mangrove
Habitat" U.S. Army Corps of Engineers/National Marine Fisheries Service-updated
.November 20J7:(A.ttachine.nt.,I..I)...For.the..purlapses.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-.r.•iaht whale., These .zones, with: an .1 I nm: radius, .are
described by the North Atlantic Right Whale Educational Sign Zones, Attachment 7
(from Section 2.1.1.4 of JAXBO, pages 3.1 and 32, inclusive.). (Reference JAXBO PDC
A2.4).
21. Educational Signs. For commercial, multi -family, or public facilities, and marine events,
signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2
and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs- Speciftto 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
.pasted 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 sian installation guidance are available at:
(https:flwww.fisheries.noaa.gov/southeast/consditations/protected-species- educational -
signs). The signs required to be posted by area are stated below:
littps://www.fisheries.noaa.a,ov/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 infoimation..to. the. sea.tuttle- 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-Georgi:a line shall post. the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
Key, Florida Borth to the .Florida -Alabama line.
22. Monofi lament Recycling Bins. For commercial, multi -family, or public facilities,
monofilament recycling bins must be provided as described below (Reference: The
below replicates PDC A.23 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 publicfacilities, 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'binsniust:.
(1) Be constructed and. labeled'according to the.instructions providedat.
http:/hnrip.niyfwc.com.
(2) Be maintained in working order and emptied frequently (according to
http.://mrr-p.myfw.c.coiu standards)_so.that they. do.not:overflo.w:
'23. Lighting for docks installed within visible..distance.of.occan.bcaches. If lighting; is
necessary, then turtle -friendly lighting -shall be installed. Turtle -friendly lighting is
explained and examples are provided on the Florida Fish and.Wildlife Conservation
Commission website: http://iiiyfwc.coin/wildlifehabitats/manacted/.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.). y
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.appr..opriatel.distance:,shalI be:based o.n: 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
A2J 0.).
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 otherpile-supported-structures are allowed in nearshore. reproductive
habitat.
1. The tinge limitfor completing the -work authorized ends -on,�u� jwf2+T
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 Condit-ion-4 below. Should -you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good
. ftdth .transfer, -you n�ust..ehlain. a:ntodil'ication _ul'this.pertnit..l'ro.m:ahis: utl'i.c e, which.may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while -
accomplishing the activity authorized by this. permit, you must immediately notify this
office of what you have found:. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the .prop..erty .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. y
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 rightsor exclusive., privileges.
c. This pernut does not authorize any injury to the property or rights of others.
d. This permit does not -authO ize interference with any existing or proposed Federal'
projects.
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. au.thorized..by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension,. or
revocation of this permit.
3. .Reliance on -Applicant's- Data: The-determination,ofthisottice -that issuance. of this,
permit is not contrary to the public interest was made in reliance on the information you
provided..
4. Reevaluation of Permit Decision: This office may. reevaluate its decision on this permit
at any time the circumstances warrant. Circumstances that could require a reevaluation
include, but are not limited. to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
,have been false, incomplete, or inaccurate:(se.e 3. abo..ve)..
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, havethe
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.ofthe-Army or.his-authorized-
representative, said structure or work shall cause unreasonable obstruction to the free
nay.igation._ui_the.navigai�;le wateiti,.tiZe Pen7iitiee.,w.iil.�.e.ceyuued,.upun;due.notice. .
from the U.S.. Army Corps of Engineers, to.remove,.relocate, or alterthe 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. v
Department of the Army Permit Transfer for SPGP`VI'
-PERMITEE:
PERMIT NUMBER: DATE-
ADDRESS/LOCATION, OF, PROJECT: -
(Subdivision)
(Lot) (Block)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit wilf continue to be binding on the
new owner(s) of the. property. Although the construction period for,works authorized by
Department of the Airily 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 -aand eo::ditions, lave the transferee sigg n and date below and i-nail 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 acidness)
(City, State, Zip Code)
(]Date).
STANDARD MANATEE CONDITIONS'FOR IN=WATER WORK
2011
The permittee.shall. comply with. thel.ollowing c.ondi ions intended:to protect.manatees.f -orn direct
pp-oject effects:
it. 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 irrjury to manatees. The.
permittee shall advise all construction personnel that there are civil and criminal penalties
for harrxring, 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.timcs .while: in. the. immcdiatc:arca,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 .possib.l.e-
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-rrianatee(s). All-irr water,operations., iirrcludir►& vessels,, „rust be-shutdown.if a
manatee,(s) .comes within 50 feet -of the .operation. Activities will not .resume. until the
ni-anatee.(s) has . moved beyond .the 5.n-fo.ot .radius .of the .proj.e.ct oiler-ation, or ,until 3.0
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 Jacks onville-(.1-904-73-1-3336) for north Florida, or Vero Beach,,(] -772-
562-3909) -fur suatlr Florida,..and_-to..FWC. at,:;�.,::;::,,,_:::;:.;�.;::,
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 1 I" explaining therequirements for "Idle Speed/No Wake" and the -shut -down -of-
-in -water 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 ab.o.ve.
All project vessels
IDLE SPEED / NO WAKE
Whe..n a manatee is.within. 50 feet of work
all in water activities mu.st
A%A# ILI
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�aE nth c:. ..r z`c i=:=;"s:?-r,=- .•�a�c=�ir=s�i':'v� ....?..•YC;,.-'�.-ii?3:?
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263 13th Avenue South
Mi
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 197.3.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish
cannot become entangled, be properly secured, and be regularly monitored to avoid
protected- species entrapment. Barriers may notb lock sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the Nationdl Marine
Fisheries Service's Protected Resources Division, St. Petersburg, Florida.
d. All vessels ,associpted with the constri.iction,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 imined.iately 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.
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.projcct,.shall, be reported immediately to NMFS's Protected Resources
Division (PRD) at (127-824-5312).
i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to
j. Sea turtle and marine strand'ing/rescue organizations' contact information is available by
region at'r,,:�,,,,:.>.
k. Smaiitooth sawfish encounters shall be reported to
htt p://www.Dmnli.ufl.edu/fish/sliar'ks/sawfish/sav✓fishencounters.htnil.
1. All work must occur during daylight hours.
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CHRISTIAN FENEX
)T VAUD W RIOUT THE SIGNATURE AND THE ORIGIN
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5/8-SS BOLTS W/ PILING WASHERS.
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PAUL WELCH. INC. HAS NOT VISITED THIS JOB SITE.
INFORMATION CONTAINED HERIN IS -BASED ON T c
CONTRACTOR SUPPLIED DATA AND MFJSUREMETJTS. L
PAUL WELCH, INC. SHALL NOT BE HELD RESPONSIBLE OR
I IABI F IN ANY WAY FOR FRRORNFOUS OR INACCURATF
DATA OR PAUL WELCH, INC..SHALL BE NOTIFIED t`
AND GIVEN OPPORTUNITY TO REEVALUATE OUR WORK UPON
DISCOVERY OF ANY INACCURATE INFORMATION PRIOR TO
MODIFICATION OF EXISTING FIELD CONDITIONS AND FABRICATION
AND INSTALATION OF MATERIALS. ENGINEERING SEAL AFFIXED HERETO VALIDATES STRUCTURAL
DESIGN AS SHOWN ONLY.. USE OF THIS SPECIFICATION BY CONTRACTOR, ct. of. IDEHIPIES &
SAVES HARMLESS THIS ENGINEER FOR ALL COST & DAMAGES INCLUDING LEGAL FEES &
• PPELLATE FEES RESULTING FROM MATERIAL FABRICATION. SYSTEM ERECTION, & CONSTRUCTION
PRACTICES BEYOND THAT WHICH IS CALLED FOR BY LOCAL, STATE. & FEDERAL CODES &FORM
DEVIATIONS OF THIS PLAN EXCEPT AS EXPRESSLY' PROVIDED IN HEREIN. NO CERTIFICATION OR
AFFIRMATIONS ARE INTENDED_
92.25
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CAPACITY
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ALUM ANGLE
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DURING HIGH WIND
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ENGINEERS SEAL
STRUCTURAL ENGINEERING REVIEW THE GRAVITY AND'.VIND"LOADS
FOR THIS CONSTRUCTION HAVE BEEN
CALCULATED AND THE MAIN WIND FORCE RESISTING
SYSTEM AND COMPONENTS AND
PH7800-325-I,11,6
CLADDING OF THIS BUILDING DESIGN
DO COMPLY WRH FLORIDA BUILDING CODE 2017
NAME
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TIDETAMER.COM
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