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HomeMy WebLinkAboutPROJECT INFORMATIONr• , F � DECEIVED V... AY 0 28 2. 13 �00? or 1G�rLi s4� ST. Lucie County, Permitting SEA TURTLE AND SMALLTOOTH SAW] UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South SCANNED St. Petersburg, FL 33701 BY St Lucie County FISH 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. 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. 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 operationlor vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer tlian 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 �ryo'i��'�c• a � L V� Al41[NI O: t�" Additions to the "Sea Turtle and Smalltooth 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 Protected Resources Division (PRD) may be made by email to takereport.nmfsserC@noaa.gov. c. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by region at http://www.nmfs.noaa.Lov/pr/health/networks.htm. d. Smalltooth sawfish encounters shall be reported to http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters html. e. All work must occur during daylight hours. 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 of Engineers/National Marine Fisheries Service August 2001 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. 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 grated deck material shall conform to the specifications stipulated below. The configuration ofthe 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 grating 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 stem 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 %Z 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 Marsh: 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. Mangroves. 1. The width of the dock is limited to a maximum of 4 feet. 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. 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. 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 undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the 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 administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office; and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Manatee Conditions: 1. All personnel associated with the 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 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 t\ 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 (see My IWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least] 81/2" by I I" 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 Conditions: 1. Avoidance. The piling -supported structure 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 located 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 120 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 section may be placed 3 feet above MHW to facilitate boat access. The 3 feet above N4HW 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. Marsh and Mangroves Conditions: 1. Marsh: a. The piling -supported structure will be aligned so as to have the smallest over -marsh footprint as 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 restricted to the width of the piling -supported structure. c. The location and alignment of the piling -supported structure should be through the narrowest area of the mangrove fringe. 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, 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 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 smalltooth 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.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html. 12. All work must occur during daylight hours. Special Conditions: 1. For concrete piles installed by impact hammer: a. The piles will be less than or equal to than 24 inches in diameter; and b. Not more than 10 piles will be installed per day if in open water, or, c. Not more than 5 piles will be installed per day in a confined space. A confined space is defined as any area that has a solid object (e.g., shoreline, seawall, jetty) or structure within 150 feet of the pile installation site that would effectively serve as a barrier or otherwise prevent animals from moving past it to exit the area. This does not include objects such as docks or other pile -supported structures that would not stop animal movement or significantly reflect noise. 2. Metal piles will NOT be installed by impact hammer. 3. The Permittee is responsible for obtaining any 'take' permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. 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 for compliance 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: http://www.saj.usace.army.mil/Missiong/Regulatorv/Source-BooW and must be followed.