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Home My WebLink AboutLETTER - DEPARTMENT OF THE ARMYa ti�F'NT � O /reo `F0 •�%�TES OP �� DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FL 33410 November 29, 2017 Regulatory Division South Permits Branch Palm Beach Gardens Permits Section SAJ-2017-02595(RG P-J KA) Seth Baker 3913 Shoreside Drive Fort Pierce, FL 34949 Dear Mr. Baker: Your application for a Department of the Army permit received on September 18, 2017, has been assigned number SAJ-2017-02595 (RGP-JKA). A review of the information and drawings provided shows the proposed work is to construct a 4 foot wide by 48 foot long access walkway through a red and black mangrove fringe with a 16 foot long by 10 foot wide terminal platform over open water. The project would affect waters of the United States associated with Indian River Lagoon, adjacent to 3913 Shoreside Drive, Section 23, Township 34 South, Range 40 East, Fort Pierce, St. Lucie County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 22, 2018. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.miI/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on "Source Book'; and, then click on "General Permits". Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project -specific conditions noted below, or you may be subject to enforcement action. The following project -specific conditions are included with this authorization: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be emailed to sai-rd- enforcement(a--)usace.army. mil. The Permittee shall reference this permit number, SAJ-2017-02595 (GP-JKA), on all submittals: -2- 2. Self Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self -Certification Statement of Compliance" form and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self -Certification Statement of Compliance" form. The description of any deviations on the "Self -Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. 3. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the 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 or alteration. 4. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all suspended and erodible materials have been stabilized. Turbidity barriers shall be removed upon stabilization of the work area. 5. Piling installation: No installation of any type of piling greater than 24" in diameter, or installation of any size of metal piling or sheet piling by impact hammer unless project -specific consultation has been reinitiated and concluded with NMFS. Additionally, no more than 10 piles per day shall be installed. 6. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work — 2011" provided with this permit. 7. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006, provided with this permit. -3- 8. Special Aquatic Sites: This verification does not authorize any adverse impacts to special aquatic sites including mangroves, emergent wetlands, or seagrass beds. 9. Cultural Resources: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground - disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non- federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100- meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP and RGP, please contact Jerilyn Ashworth by telephone at 561-472-3508. Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm—apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, Jerilyn Ashworth Project Manager Enclosures Copy Furnished: Bruce Jerner, Jerner(a).bellsouth.net GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on the dates identified in the letter. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4'below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided 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. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: RGP-20 Application Number: SAJ-2017-02595 Permittee's Name & Address (please print or type Telephone Number: Location of the Work: Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO, TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g dredging, etc.): bank stabilization, residential or commercial filling, docks, Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2017-02595(RGP-JKA) 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 Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) r L C t`luc��-81,Pd -st BAKER 3913 SHORESIDE DRIVE FORT PIERCE R Jerner &Associates, Inc. Marine & Environmental Consulting 2537 SE Alfonso Ave Port St. Lucie, FL34952 Ph.(772)283-2950 r JERNER@BELLSOU7H.NET Date: 8130117 SHEET 1 C14 uj 64 Q LU Z �- W LU cc co �� --i izz, I Z :3 0 Lo cn CL C', CQ o U. LU rl- Lu a: Iz LC CV) LUco o W ;�, ;§ 3 Co LL �j Cl) LL, 0 C) Z a CD 0: ,�!E z 0 CV C;, C13 ca IQ— LZ L 0 C c, Ql. i is IcnIl Ln rq M, ................... ..... ..................... ........ P.- PQ LL. ........... CY ............ P-4 o Cl) -b ................. X ............ 04 ti CV) II............ ....... r4.......... ....................... ....................... ........................ ............... .. ................... ........... ..... .................. 0 m7pv.t,.zH 0 16' Lu Isc 15 ...... ...... ...... ...... EDGE OF MANGROVE CANOPY 14 LU co C) z Z C) 0) LL CY) cwllll Pier Section Thru Pier Plan View � I Live Load 40 lbs. / Sq Ft Dead Load 5 lbs. / Sq Ft SGL Bolts, Nut, 4' +/- Bent Extension on Washers 5/8" H.D. Landward side of Galy. Or S.S. (304) w Terminus for Kayak Nut Fully Threaded Storage VARIES 2" x 6" SYP, .40 ACQ Decking#1 Grade w i t o '• f �- /' X 6" Lags for stringers Minimal plank spacing. Fasten w #10 3" SS (304) + Screws, 2 per Stringer Min. 2" x 10" P. T. SYP, .40 ACQ treated ...... _.MHW_., stringers to be butt jointed, buttjoints to be staggered. Min. 2" x 8" P. T. SYP, .40 ACQ treated DBL bents Min. 8" Dia. 2.5 _ CCA treated piles Pilings jetted to a minimum depth of 6' and as necessary to provide adequate bearing and stability �1 BAKER 3913 SHORESIDE DRIVE FORT PIERCE VARIES =- Strip ngers 24" O.C. Max CENTER STRINGERS TIED DOWN WITH 2"X 4"X 12" 0.40 TREATED PINE W 2PC 3" SS SCREWS @ EA MEMBER Jerner & Associates, Inc. Marine & Environmental Consulting 2537SEAlfonso Ave Port St. Lucie, FL34952 Ph.(772)283-2950 JERNER@BELLSOUTH.NET 4' +/- Date: 8130117 SHEET 3 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 Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies(a)-myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be.posted. A second sign measuring at least 8'/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. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. CAUTION: MANATEE HABITAT All project vessels IDLE SPEED./NO WAKE When a manatee is, within 50 feet of work all in -water activities must ust sHur DOWN Report any colli.'ston'. with or injury to -a. manatee:. Wildlife Alert: 1-888-404-FWCG(3922) :cell * MC,:,o r # FW-C- 0,�tµT�OFC0, * 5 s'+Ares T 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. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius 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. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc