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HomeMy WebLinkAboutSELF CERTIFICATION FILEECEIVED SCANNED 0 6 2018 �Mhffilt9e,,Panment t [7MAR County, Permitting Rick Scott paper! �'"j - °t'r of __. Governor ` Environmental Protection Carlos Lopez-Cantera Lt. Governor Bob Martinez Center 2600 Blair Stone Road Noah Valenstein Tallahassee, Florida 32399-2400 Secretary CONDITION FOR THE DEPARTMENT OF THE ARMY SELF -CERTIFIED STATE PROGRAMMATIC GENERAL PERMIT FOR A PROJECT AT A PRIVATE, SINGLE FAMILY RESIDENCE Self Certification File No.: 01674 General Conditions: 1. The time limit for completing th 2. You must maintain the activity the terms and conditions of this permitted activity, although you General Condition 4 below. Sho you desire to abandon it without from this office, which may regi 3. If you discover any previously u activity authorized by this permi We will initiate the Federal and recovery effort or if the site is el 4. If you sell the property associate on the enclosed form and forwai authorization. 1 5. If a conditioned water quality c the conditions specified in the c 6. You must allow representatives necessary to ensure that it is bei conditions of your permit. 11 el work authorized on July 26, 2021. .uthorized by this permit in good condition and in conformance with �ermit. You are not relieved of this requirement if you abandon the may make a good faith transfer to a third party in compliance with uld you wish to cease to maintain the authorized activity or should la good faith transfer, you must obtain a modification of this permit ure restoration of the area. nknown historic or archeological remains while accomplishing the t, you must immediately notify this office of what you have found. State coordination required to determine if the remains warrant a igible for listing in the National Register of Historic Places. d with this permit, you must obtain the signature of the new owner 'd a copy of the permit to this office to validate the transfer of this ertification has been issued for your project, you must comply with ertif ication as special conditions to this permit. from this office to inspect the authorized activity at any time deemed ng or has been accomplished in accordance with the terms and Further Information: i 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 projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permittedIproject or uses thereof as a result of current or future activities i I so undertaken by or on behalf of the U' ited 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 permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see, 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrativel 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. Manatee Conditions: 1. All personnel associated withlthe project will be instructed about the presence of manatees and manatee speed zones, and theineed to avoid collisions with and injury to manatees. The permittee will 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. 2. All vessels associated with the construction project will 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 fourfoot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 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 i reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. 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. 6. Temporary signs concerning manatees will 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used l(see MyFWC.com). 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. Submerged Aquatic Vegetation 1. Avoidance. The piling-supportedstructure will be aligned so as to minimize the size of the footprint over SAV beds. 2. The height of piling -supported structure will be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking. 3. The width of the piling -supported structure is limited to a maximum of 4 feet. A turnaround area is allowed for piling -supported structures greater than 200 feet in length. The turnaround is limited to a section of the piling -supported structure no more than 10 feet in length and no more than 6 feet in width. The turnaround will be lolcated at the midpoint of the piling -supported structure. 4. Over-SAV bed portions of the piling -supported structure will be oriented in a north -south orientation to the maximum extent that is practicable. 5. Terminal Platforms: a. If possible, terminal platforms will be placed in deep water, waterward of SAV beds or in an area devoid of SAV beds. b. If a terminal platform is placed over SAV areas and constructed of grated decking, the total size of the platform will be limited to 160 square feet. The grated deck material will conform to the specifications stipulated below! The configuration of the platform will be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet will conform to the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The long axis of the platform should be aligned in a north -south direction to the maximum extent that is practicable. c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform will be limited to 126 square feet. The configuration of the platform will be a maximum of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section will conform to the 5-foot height requirement. A sectionlmay be placed 3 feet above MHW to facilitate boat access. The 3 feet above MHW section will be cantilevered. The long axis of the platform should be aligned in a northsouth direction to the maximum extent that is practicable. If the 3 feet above MHW section is constructed with grating material, it may be 3 feet wide. 6. Pilings will be installed in a manner which will not result in the formation of sedimentary deposits ("donuts" or "halos") around) the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low pressure pump may be used. 7. The spacing of pilings through SAV beds will be a minimum of 10 feet on center. 8. The gaps between deckboards will be a minimum of 1/2 inch. i I Marsh and Mangroves Conditions: I 1. Marsh: a. The piling -supported structure will be aligned so as to have the smallest over -marsh footprint as I practicable. b. The over -marsh portion of the piling -supported structure will be elevated to at least 4 feet above the marsh floor. c. The width of the piling -supported structure is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement. 2. Mangroves: a. The width of the piling -supported structure is limited to a maximum of 4 feet. b. Mangrove clearing is restrictedito 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. I Sea Turtle and Smalltooth Sawfish Construction Conditions: The permittee will comply with the following protected species construction conditions: 1. The permittee will 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. 2. The permittee will 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. 3. Siltation barriers will be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured,1 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. 4. All vessels associated with the,I construction project will 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. 5. 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 will be implemented to ensure its protection. These precautions will include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or ismalltooth sawfish. Operation of any mechanical construction equipment will 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. 6. Any collision with and/or injury to a sea turtle or smalltooth sawfish will 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. 7. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. 8. 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). 9. Reports to NMFS's Protected Resources Division (PRD) may be made by email to takereport.nmfsser@noaa.gov. 10. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by region at http://www.mnfs'.noaa.gov/pr/health/networks.htm. 11. Smalltooth sawfish encounters shall be reported to http: //www. fhrmh. ufl. edu/fish/sharks/sawfish/sawfishencounters.html. 12. All work must occur during daylight hours: Special Conditions: I 1. For concrete piles installed by im a. The piles will be less than or ec b. Not more than 10 piles will be c. Not more than 5 piles will be it any area that has a solid object (e installation site that would effecti past it to exit the area. This does i that would not stop animal mover 2. Metal piles will NOT be ct hammer: �il to than 24 inches in diameter; and stalled per day if in open water; or, alled per day in a confined space. A confined space is defined as , shoreline, seawall, jetty) or structure within 150 feet of the pile ly serve as a barrier or otherwise prevent animals from moving t include objects such as docks or other pile -supported structures nt or significantly reflect noise. impact hammer. 3. The Permittee is responsible for obtaining any 'take' permits required under the U.S. Fish and Wildlife Service's regulations go�erning compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Acts. 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. I 4. The Permittee is responsible forlcompliance with 50 CFR 224.103 prohibiting approach within 500 yards of a right whale, with limited exceptions. 5. Special Conditions Related to All Reviews and Authorizations are available at: bttn-//www.cai.usaee.armv.mil/Missions/Regulatorv/Source-Book/ and must be followed. I f I I I Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat U.S. Army Corps off Engineers/National Marine Fisheries Service August 2001 I Submerged Aquatic Vegetation: 1. Avoidance. The pier shall be aligned so as to minimize the size of the footprint over SAV beds. 2. The height of pier shall be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking. 3. The width of the pier is limited to a maximum of 4 feet. A turnaround area is allowed for piers greater than 200 feet in length. The turnaround is limited to! a section of the pier no more than 10 feet in length and no more than 6 feet in width. The turnaround shall be located at the midpoint of the pier. 4. Over-SAV bed portions of the pier shall be oriented in a north -south orientation to the maximum extent that is practicable. 5. a. If possible, terminal platforms shall be placed in deep water, waterward of SAV beds or in an area devoid of SAV beds. I b. If a terminal platform is placed over SAV areas and constructed of grated decking, the total size of the platform shall be limited to 160 square feet. The gated deck material shall conform to the specifications stipulated below. The configuration of the platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The long axis of the platform should be aligned in a north -south direction to the maximum extent that is practicable. c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform shall be limited to 120 square feet. The configuration of the platform shall be a maximum of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section shall conform to the 5-foot height requirement. A section may be placed 3 feet above MHW to facilitate boat access. The 3 feet above MHW section shall be cantilevered. The long axis of the platform should be aligned in a north -south direction to the maximum extent that is practicable. If the 3feet above MHW section is constructed with gratin gI material, it may be 3 feet wide. 6. One uncovered boat lift area is allowed. A narrow catwalk (2 feet wide if planks are used, 3 feet wide if grating is used) may be added to facilitate boat maintenance along the outboard side of the boat lift and a 4-foot wide walkway may be added along the stern end of the boat lift, provided all such walkways are elevated 5 feet above MHW. The catwalk shall be cantilevered from the outboard mooring pilings (spaced no closer than 10 feet apart). 7. Pilings shall be installed in a manner which will not result in the formation of sedimentary deposits("donuts" or "halos") around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low pressure pump may be used. , 8. The spacing of pilings through SAV beds shall be a minimum of 10 feet on center. 9. The gaps between deckboards shall be a minimum of inch. Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials. February 2003 -Vendor name changed from ChemGrate to FiberGrate I I I Marsh: I I 1. The structure shall be aligned so as to have the smallest over -marsh footprint as practicable. 2. The over -marsh portion of the dock shall be elevated to at least 4 feet above the marsh floor. 3. The width of the dock is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement. I Mangroves. 1. The width of the dock is limited to a maximum of 4 feet. 1 2. Mangrove clearing is restricted to the width of the pier. 3. The location and alignment of the pier should be through the narrowest area of the mangrove fringe. jI Grid Specifications and Suppliers The following information does not!constitute a U.S. Army Corps of Engineers endorsement or advertisement for any particular provider and is provided only as an example for those interested in obtaining these materials for dock construction. A type of fiberglass grate panel is manufactured by SeaSafe (Lafayette, LA; phone: 1-800-326-8842) and FiberGrate (1-800-527-4043). ;Plastic grate panels are also available from Southern Pine Lumber Company (Stuart, FL; phone: 772-692-2300) Panels are available in a variety of sizes and thicknesses. For safety, the grate should contain an anti -slip texture which is integrally molded into the top surface. The manufacturer or local distributor should be consulted to ensure that the load -bearing capacity of the selected product is sufficient to support the intended purpose. Contact the manufacturer(s) for product specifications and a list of regional distributors. I I I I I I I I I Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials. February 2003 -Vendor namelchanged from ChemGrate to FiberGrate I I l of a9 �Florida Department of k Environmental Protection i . Bob Martinez Center I 2600 Blair Stone Road v'0. ` Tallahassee, Florida 32399-2400 AND CONDITIONS Self Certification File No.: 01 Construction Conditions: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary I Private residential single family docks are subject to the following criteria in accordance with Section 403.813(1)(b), F.S. I The dock to be constructed: 1. Has 500 square feet or less over water surface (includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; i 2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard;. 4. Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia;. 5. Is the sole dock on the parcel; and 6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. l i Boat lifts are subject to the following additional conditions: i L' Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock; 2. With other mooring will not result in the mooring of more than two vessels (including jet skis);; 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard;. 4. Will not be -located inlareas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; 5. Cannot be placed in waters that are deeper than -4 ft MLW; i - I I 6w" so 6. Will accommodate the proposed boat use in order to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the top of any submerged resources at mean or ordinary low water; 7. The dock, together with the boat lift, cannot extend waterward more than 500 feet or more than 20% of the width of waterbody (or 25% in Boca Ciega Bay or Pinellas County Aquatic Preserves), whichever is less; and j 8. Mooring areas cannot be enclosed in whole or in part with walls, doors, screens or any other materials I General Aquatic Preserve Conditions: Private residential single family docks in Aquatic Preserves are subject to all of the following criteria in accordance with Chapters 253, F.S. and 258, Part H, F.S. i 1. No dock will extend waterward of the mean or ordinary high water line more than 500 feet or 20 percent of the width of the waterbody at that particular location, whichever is less. 2. Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board will require design modifications based on site specific conditions to muumize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading. 3. Docking facilities will be designed to ensure that vessel use will not cause harm to site specific resources (mangroves, sear, corals, etc). The design will consider the number, lengths, drafts, and types of vessels allowed to use the facility. Aquatic Preserve Dock All private residential single family docks in Aquatic Preserves will be subject to the following criteria in accordance with Chapter 18-20 F.A.C. and Section 258.42(3)(e)1., F.S.: 1. Any main access dock will be limited to a maximum width of four (4) feet; 2. The dock decking design and construction shall ensure maximum light penetration, with full consideration of safety and practicality; 3. The dock, including mooring areas, shall extend out from the shoreline no further than to a maximum depth of minus four (-4) feet mean low water; 4. When the water depth is minus four (4) feet mean low water at an existing bulkhead, the maximum dock length from the bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegetation overhang;. 5. Terminal platform size shall be no more than 160 square feet; 6. In areas with the presence of any natural resource attributes (as determined during the spring -summer growing season) the following criteria shall apply: - II I I a. Wood planking used to construct the surface of the dock will be no more than eight (8) inches wide and spaced no less than one -Half (1/2) inch apart after shrinkage; I b. When the dock surface is to be constructed of material other than wood, the dock shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction; c. The main access walkway shall be elevated a minimum of five (5) feet above mean or ordinary high water; d. If a terminal platform terminates in an area with the presence of any significant natural resource attributes, the platform shall be elevated to a minimum height of five (5) feet above mean or ordinary high water. Up to 25 percent oflthesurface area of the terminal platform is authorized at a lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel; and e. The dock to be constructed will have adequate existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use to ensure that a minimum of one lfoot clearance is provided between the deepest draft of the vessel and the top of any submerged resources at mean or ordinary low water. 7. Roofs may be constructed o i er boat slips if the following criteria are met: a. The slip must contain a boat lift or davit that does not float in the water when loaded; i b. The roof must not overhang more than one (1) foot beyond the footprint of the lift and the boat stored at the lift; c. No walls shall be constructed; d. Roofs meeting these requirements are not included in the square -footage calculation of a terminal platform. However, the roof area is still counted in the square -footage calculation of the entire dock structure (access walkway + terminal platform + roof shall total 500 square feet or less); e. Roofs shall not be constructed over slips without lifts or davits. 8. All of the dock and mooring areas will be set back a minimum of 25 feet inside the riparian rights line of the upland property from which the dock is constructed; and 9. The dock will be designed to moor no more than 2 vessels. i General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: i Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the!applicant and are enforceable under Chapters 253, F.S. or Chapters 258, F.S. i 1. Sovereignty/state-owned submerged lands may be used only for the specified activity or use. Any sr unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of�the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund (Board). 2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged lands or water column, nor does i � constitute recognition or acknowledgment of any other person's title to such land or water. 3. Authorizations under Rule 18-211005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. 4. Structures or activities will be c nstructed and used to avoid or minimize adverse impacts to resources. Construction, use, or operationiof the structure or activity will not adversely affect any species which is endangered, threatened or o i special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.; 6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determiines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities willibe constructed, operated, and maintained solely for water dependent purposes. i 10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/stateowned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned 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. i 11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of'that provision. 12. 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 after written notice tol 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. 13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be i i t:. paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorizatioZ 'he applicant will notify the Board in writing of any change of address at least ten days before ichange becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. f Manatee Conditions: I i The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All personnel associated with thle project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. 2. All vessels associated with the construction project will 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. 3. Siltation or turbidity barriers, Iwill be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 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. I 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1L 904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida. 6. Temporary signs concerning manatees will 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2' by I P 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. i Self -Certification Requirements: The user agrees to the following: 1. The information provided herein is true and accurate. i i I i I 2. Construction of the project must belcompleted within one year from the self -certification date. If the project cannot be completed withinithat time frame, or the project is to be modified, the Department must be contacted for authorization II requirements. 3. Any substantial modifications in t ' e plans for this project must be submitted to the Department for review, as changes may result in f permit being required. 4. This self -certification will automatically expire if site conditions materially change; if the terms, conditions, and limitations of the! self -certification are not followed; or if the governing statutes or rules are amended before the project is completed. 1 5. Department personnel will be allowed to enter the property for purposes of inspecting the project for compliance with the terms and conditions of this self -certification. I I i i I I i i i fI I i i I I I I i i I I I I �9 i Key' for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's Seagrass (Halophila johnsonia) National Marine Fisheries Service/U.S. Army Corps of Engineers October 2002 i Ia. The construction site is within the known range of Johnson's seagrass occurrence (Sebastian Inlet to central Biscayne Bay i the lagoonal systems on the east coast of Florida). Go to 2. lb. The construction site is not within the known range of Johnson's seagrass occurrence but submerged aquatic vegetation (SAV) is present at the site. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat " - U.S. Army Corps of EngineersVational Marine Fisheries Service, August 2001. 1 le. The construction site is'not within the range of -Johnson's seagrass and SAV is not present at the site: No construction conditions for SAV are necessary. 2a. Seagrass survey for Johnson's seagrass is performed at the proposed site during the April 1 — August 31 growing season. Go to 3. 2b. No survey for Johnson's seagrass is performed at the proposed site during the growing season, or a survey is performed at the proposed site but is outside of the growing season. Go to 4. I 3a. Johnson's seagrass is present at the proposed construction site. Go to S. 3b. Johnson's seagrassiis not present at the proposed construction site. Go to 6. 4a. The construction is in an area designated by the National Marine Fisheries Service - Protected Resources Division (NMFS-PRD) as critical habitatZ for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of Engineers/NationIal Marine Fisheries Service, August 2001, except that light -transmitting materials (LTAs) shall comprise 100% of all pedestrian surfaces waterward of the mean low water (ML i9 li i e. 4b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use ``Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in for over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat " - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001, except that LTMs shall comprise at least 75% of all pedestrian surfaces waterward of the MLW line and a minimum I - inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. I 5a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat " - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001, except that LTMs shall comprise at least 75% of all pedestrian surfaces waterward of the MLW line and a minimum 1-inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. 5b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use `Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat " - U.S. Army Corps ofEngineerslNational Marine Fisheries Service, August 2001, except that all pedestrian surfaces directly over Johnson's seagrass areas shall be constructed of LTMs and a minimum i I This key was modified in October 2002 to change the percent light transmittance requirement of the grids from 46 to 43 as stipulated in Note #3 . I 1-inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. 6a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use `Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aqua ttic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001, except that a minimum 1-inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line. 6b. The construction is not in jan area designated by NMFS as critical habitat for Johnson's seagrass. Go to 7 I 7a. SAV other than Johnson js seagrass is present at the'site. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001. 1 7b. No SAV present. No construction conditions for SAV are necessary. i I I - Notes: ! 1- This key is meant to complement but not supersede the "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001. Docks incorporating light -transmitting materials shall not exceed the dimensions recommended in the Guidelines. I Z' Federal Register 65 FR 17786, April 5, 2000, Designation of critical habitat for Johnson's seagrass. 1 3- Light -transmitting materials are made of various materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. All light -transmitting materials used for dock construction in the known range of Johnson's seagrass shall have a minimum of forty-three (43) percent open space. I 1 1 i I I I i I This key was modil ed in October 2002 to 46 to 43 as stipulated in Note #3 . I change the percent light transmittance requirement of the grids from ft M 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;ihe following protected species construction conditions: i 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. I i 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. i 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 tits 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. I Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc Z I II I Additions I to the I "Sea Turtle andismalltooth Sawfish Construction Conditions" for SPGP V a. Any collision(s) with an/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). b. Reports to NMFS's to c. Sea turtle and mar is available by region at htt d. Smalltooth e. All work must cted Resources Division (PRD) may be made by email to mammal stranding/rescue organizations' contact information vw.nmfs.noaa.gov/or/heaIth/networks.htm. encounters shall be reported to /sharks/sawfish/sawfishencoun r during daylight hours.