HomeMy WebLinkAboutRECEIPT FOR SUBMISSIONSt Lut
Florida Department of
Environmental Protectio
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Receipt
SELF CERTI:
A PROJECT AT A PRIVATE,
05/08/2018
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Submission
kTION FOR
GLE-FAMILY RESIDENCE
Self Certification File No.: 0364287001EE
File Name: 163 Nettles Blvd Jensen Beach, FL 34957
- Self Cert Exempt Dock with Boat Lift(s) (AP)
Noah Valenstein
Secretary "
Dear Bruce Jerner: On, 05/08/2018, you used ithe Florida Department of Environmental
Protection's electronic Self Certification Process to certify compliance with the terms and
conditions of the Federal State Programmatic General Permit (SPGP) Self Certification Process
for a project at private, single-family residence located at:
LAT - Degrees: 27 Minutes: 17 Seconds: 16.2016
LONG - Degrees: -80 Minutes: 13 Seconds: 28.9214
SITE ADDRESS: 163 Nettles Blvd Jensen Beach, FL 34957
COUNTY: St. Lucie
For:
RONALD LECLERC
163 NETTLES BLVD Jensen Beach, FL 34,
You have certified that the project you propos,
conditions. of the Self -Certification Process. A
conditions (attached for reference) will:
Qualify for a regulatory exemption under Sec
and Chapter 62-330, Florida Administrative
to obtain a DEP Environmental Resource Pei
Qualify for Consent by Rule or Letter of Con
Chapter 18-21, F.A.C. (and Chapter 258, F.S
the project is located on submerged lands ow
to construct at the above location meets all the
)roject that is built in conformance to those
403.813(1)(b) of the Florida Statutes (F.S.)
(F.A.C.). As such, it is exempt from the need
(as applicable) under Chapter 253, F.S. and
i Chapter 18-20, F.A.C., if applicable), when
by the State of Florida.;
Your Self -Certification is based solely on the information you provided under this process, and
applies only to the statutes and rules in effect when your certification was completed. The
certification is effective only for the specific project proposed, and only if the project is
constructed, operated, and maintained in conformance with all the terms, conditions, and
limitations stated in the Self -Certification Process. In addition, any substantial modifications in
your plans should be submitted to the Department for review, as changes may result in a permit
being required.
You have acknowledged that this Self Certification will automatically expire if:
Construction of the project is not completed within one year from the self -certification date;
site conditions materially change;
the terms, conditions, and limitations of the Self Certification are not followed; or
the governing statutes or rules are amended before construction of the project.
Completion of the Self Certification constitutes your authorization for Department or Corps
personnel to enter the property for purposes of inspecting for compliance.
Receipt of this Self -Certification constitutes authorization to use sovereignty/state-owned
submerged lands, as required by rule 18-21.005, F.A.C.
The authorization must be visibly posted during all construction activities.
In waters that are accessible to manatees, obtain information on your mandatory Manatee
Protection sign by clicking here.
FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP)
You have certified that the project you propose to construct at the above location meets all the
conditions of the SPGP Self -Certification Process and will be built in conformance to those
conditions (attached for reference). Your proposed activity as certified is in compliance with
the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your
project, attached. No further permitting for this activity is required by the Corps. In the event of
the transfer of ownership of the property by sale or by any other means, when the structures or
work authorized by this SPGP Self -Certification are still in existence at the time the property is
transferred, the terms and conditions of this SPGP Self -Certification 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 SPGP Self -Certification and the associated responsibilities
associated with compliance with its terms and conditions, the attached transfer of SPGP Self -
Certification request must be completed and submitted to the Department at the time of transfer
of ownership. The address is given below on the attached transfer form. This SPGP Self -
Certification is based solely on the information you provided under this process, and applies
only to the statutes and rules in effect when your certification was completed. You have
recognized that your certification is effective only for the specific project proposed, and
provided the project is constructed, operated, and maintained in conformance with all the
terms, conditions, and limitations stated in the c
Certification will not apply if any substantial in,
to contact the Department for review of any pla;
modify the project, as changes may result in a p
that this Self -Certification will automatically ex
completed by midnight, July 25, 2021, unless cc
construct was executed before July 25, 2021, in
work authorized by the SPGP ends at midnight,
construction continue for more than one year be
conditions materially change; 3. the terms, cond
are not followed; or 4. the governing statutes or
project. Completion of the Self -Certification coi
Corps personnel to enter the property for purpo:
any questions, please contact your local Depart�
found at: https:Hfloridadep.gov/water/submergd
coordination/documents/district-office-contacts,
directly at: http://www.saj.usace.army.mil/Miss
project, please use the SPGP Self-Certification11
an agreement with the U.S. Army Corps of Eng.
between the U. S. Army Corps of Engineers (Ja,
of Environmental Protection State Programmatii
Harbor Act of 1899 and Section 404 of the Claa
ADDITIONAL INFORMATION
GP Self -Certification Process. This Self-
difications are made to the project. You agree
Is to construct additional structures or to
rmit being required. You have acknowledged
)ire if. 1. construction of the project is not
nstruction commenced or a contract to
xhich case the time limit for completing the
fuly 25, 2022. However, in no case can
fond the Self -Certification date; 2. site
tions, and limitations of the Self -Certification
-ules are amended before construction of the
stitutes your authorization for Department or
,s of inspecting for compliance. If you have
lent District Office. Contact information can be
[-lands-environmental-resources-
For further information, contact the Corps
)ns/Regulatory.aspx. When referring to your
le number listed above. Authority for review -
ieers entitled Coordination Agreement
ksonville District) and the Florida Department
General Permit, Section 10 of the Rivers and
) Water Act.
This Self -Certification Process does not relieve you from the responsibility of obtaining other
permits or authorizations from other agenciesl(federal, state, Water Management District, or
local) that may be required for the project. Failure to obtain all applicable authorizations prior
to construction of the project may result in enforcement.
If you have any problems with the attached
(850) 245-8495 or by e-mailing us at ERP
please call the ERP Coordinator at
Sincerely, Florida Department of Environmental Protection
ick Scott
RGovernor
Florida Department
of
Environmental
Protection
Carlos Lopez-Cantera
Lt. Governor
Bob Mart
Center
2600 Blair
Stone Road Noah Valenstein
Tallahassee, Fl
rida 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.: 0364287001EE
General Conditions:
1. The time limit for completing the work authorize
2. You must maintain the activity authorized by thi
the terms and conditions of this permit. You are
permitted activity, although you may make a go,
General Condition 4 below. Should you wish to
you desire to abandon it without a good faith tra
from this office, which may require restoration c
3. If you discover any previously unknown historic
activity authorized by this permit, you must imI
We will initiate the Federal and State coordinate,
recovery effort or if the site is eligible for listing
4. If you sell the property associated with this perri
on the enclosed form and forward a copy of the
authorization.
5. If a conditioned water quality certification has b
the conditions specified in the certification as sp
6. You must allow representatives from this office
necessary to ensure that it is being or has been a,
conditions of your permit.
Further Information:
1. Limits of this authorization:
a. This permit does not obviate the need to obt
required by law.
b. This permit does not grant any property rigl
c. This permit does not authorize any injury to
d. This permit does not authorize interference
2. Limits of Federal Liability. In issuing this pert
liability for the following:
a. Damages to the permitted project or uses the
activities or from natural causes.
b. Damages to the permitted project or uses the
d on July 26, 2021.
permit in good condition and in conformance with
iot relieved of this requirement if you abandon the
d faith transfer to a third party in compliance with
,ease to maintain the authorized activity or should
isfer, you must obtain a modification of this permit
f the area.
or archeological remains while accomplishing the
ediately notify this office of what you have found.
in required to determine if the remains warrant a
in the National Register of Historic Places.
it, you must obtain the signature of the new owner
iermit to this office to validate the transfer of this
-en issued for your project, you must comply with
ecial conditions to this permit.
to inspect the authorized activity at any time deemed
�comvlished in accordance with the terms and
other Federal, State, or local authorizations
s or exclusive privileges.
he property or rights of others.
,ith any existing or proposed Federal projects.
it, the Federal Government does not assume any
as a result of other permitted or unpermitted
as a result of current or future activities
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
reappeared within 50 feet of the operation. Anim is 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 no h 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 per ittee 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 '/2"I 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 Conditions:
2.
a
4.
1.1
7.
8.
Avoidance. The piling -supported structure will b
over SAV beds.
The height of piling -supported structure will be
measured from the top surface of the decking.
The width of the piling -supported structure is lin
allowed for piling -supported structures greater th
section of the piling -supported structure no more
width. The turnaround will be located at the midj
Over-SAV bed portions of the piling -supported,,;
to the maximum extent that is practicable.
Terminal Platforms:
a. If possible, terminal platforms will be placed i.
devoid of SAV beds.
b. If a terminal platform is placed over SAV area
the platform will be limited to 160 square feet. T
specifications stipulated below. The configuratio
feet. A minimum of 5 feet by 20 feet will confon
feet section may be placed 3 feet above MHW to
should be aligned in a north -south direction to th
c. If the terminal platform is placed over SAV ar,
platform will be limited to 120 square feet. The c
6 feet by 20 feet of which a minimum 4-foot wid
height requirement. A section may be placed 3 fe
above MHW section will be cantilevered. The to
northsouth direction to the maximum extent that
constructed with grating material, it may be 3 fec
Pilings will be installed in a manner which will r
("donuts" or "halos") around the newly installed
installation, but jetting with a low pressure pump
The spacing of pilings through SAV beds will be
The gaps between deckboards will be a minimun
Marsh and Mangroves Conditions:
aligned so as to minimize the size of the footprint
minimum of 5 feet above MHW/OHW as
ited to a maximum of 4 feet. A turnaround area is
an 200 feet in length. The turnaround is limited to a
than 10 feet in length and no more than 6 feet in
joint of the piling -supported structure.
tructure will be oriented in a north -south orientation
deep water, waterward of SAV beds or in an area
s and constructed of grated decking, the total size of
ze grated deck material will conform to the
a of the platform will be a maximum of 8 feet by 20
n to the 5-foot height requirement; a 3 feet by 20
facilitate boat access. The long axis of the platform
maximum extent that is practicable.
;as and constructed of planks, the total size of the
onfiguration of the platform will be a maximum of
by 20-foot long section will conform to the 5-foot
et above MHW to facilitate boat access. The 3 feet
lg axis of the platform should be aligned in a
is practicable. If the 3 feet above MHW section is
t wide.
of result in the formation of sedimentary deposits
pilings. Pile driving is the preferred method of
may be used.
a minimum of 10 feet on center.
i of 1 /2 inch.
1. Marsh:
a. The piling -supported structure will be aligned �,o 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
thewidth 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 iconditions, 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.nmfs.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:
i
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 d 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
3. The Permittee is responsible for obtaining any
Wildlife Service's regulations governing comp
and Golden Eagle Protection Act. The Permitt,
U.S. Fish and Wildlife Service to determine if
activity.
4. The Permittee is responsible for compliance wi
yards of a right whale, with limited exceptions.
5. Special Conditions Related to All Reviews
ke' permits required under the U.S. Fish and
nce with the Migratory Bird Treaty Act or the Bald
should contact the appropriate local office of the
oh 'take' permits are required for a particular
50 CFR 224.103 prohibiting approach within 500
Authorizations are available at:
and must be followed.
Florida Department of
nvironme I al Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
TERMS AND
Self Certification File No.: 0364287001EE
Construction Conditions:
Private residential single family docks are subject
403.813(1)(b), F.S.
The dock to be constructed:
1. Has 500 square feet or less over water surface
Chapter 62-340, F.A.C.;
ITIONS
Rick Scott
Governor
Carlos Lopez -Canters
Lt. Governor
Noah Valenstein
Secretary
the following criteria in accordance with Section
adjacent wetlands) in accordance with
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.
Boat lifts are subject to the following additional conditions:
1. 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;. i
4. Will not be located in areas 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;
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
8. Mooring areas cannot be "enclosed in whole or in part with walls, doors, screens or any other
materials
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 II, F.S.
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 minimize 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, seagrasses, corals, etc). The design will consider the number, lengths, drafts,
and types of vessels allowed to use the facility.
Aquatic Preserve Dock Criteria:
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;
1
2. The dock decking design and construction shall ensure maximum light penetration, with full
consideration of safety and practicality;
i
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:
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) incl apart after shrinkage;
b. When the dock surface is to be constructed
to provide light penetration which meets or ea
construction;
c. The main access walkway shall be elevated a
high water;
d. If a terminal platform terminates in an area
attributes, the platform shall be elevated to a i
high water. Up to 25 percent of the surface ar
elevation to facilitate access between the terry
and
e. The dock to be constructed will have adequa
basin, access channels, and other such areas wl
ensure that a minimum of one foot clearance is
the top of any submerged resources at mean or
material other than wood, the dock shall be designed
eds the light penetration provided by wood
inimum of five (5) feet above mean or ordinary
the presence of any significant natural resource
num height of five (5) feet above mean or ordinary
'the terminal platform is authorized at a lower
platform and the waters of the preserve or a vessel;
existing water depths in the boat mooring, turning
h will accommodate the proposed boat use to
•ovided between the deepest draft of the vessel and
dinary low water.
7. Roofs may be constructed over boat slips if the following criteria are met:
a. The slip must contain a boat lift or davit that
b. The roof must not overhang more than one
stored at the lift;
c. No walls shall be constructed;
d. Roofs meeting these requirements are not in
platform. However, the roof area is still counte
structure (access walkway + terminal platform
e. Roofs shall not be constructed over slips
8. All of the dock and mooring areas will be set
line of the upland property from which the do
9. The dock will be designed to moor no more
General Conditions for Sovereignty/State-Owned
Any use of sovereignty/state-owned submerged
that are binding upon the applicant and are en'.
F.S.
not float in the jwater when loaded;
foot beyond the footprint of the lift and the boat
uded in the square -footage calculation of a terminal
in the square -footage calculation of the entire dock
roof shall total 500 square feet or less);
lifts or davits.
.k a minimum of 25 feet inside the riparian rights
is constructed; and
2 vessels.
erged Lands Authorizations:
is subject to the following general conditions
ble under Chapters 253, F.S. or Chapters 258,
1. Sovereignty/state-owned submerged lands maybe used only for the specified activity or use. Any
unauthorized deviation from the specified activity or use and the conditions for undertaking that,
activity or use 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 �18-2I.005, F.A.C., conveys no title to sovereignty/state-owned submerged
lands or water column, nor does it constitute recognition or acknowledgment of any other person's
title to such land or water,
3. Authorizations under Rule 18-21.005, 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 constructed and used to avoid or minimize adverse impacts to
resources.
5. Construction, use, or operation of the structure or activity will not adversely affect any species which
is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and
68A-27.005, F.A.C.;
6. Structures or activities will not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or
activity will be modified in accordance with the court's decision.
I
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 will be constructed, operated, and maintained solely for water dependent
purposes.
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 in4he future assessed against the structure or activity during the period of the
authorization.
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 to the applicant or its successors or assigns. Upon receipt of such notice, the
applicant or its successors or assigns will have thirty (30) days in which to correct the violations.
Failure to correct the violations within this period will result in the automatic revocation of this
authorization.
13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be
i
paid by the applicant. Any notice required by law will be made by certified mail at the address shown
on page one of the authorization. The applicant will notify the Board in writing of any change of
address at least ten days before the change becomes effective.
14. This authorization does not allow any activity prohibited in a conservation easement or restrictive
covenant of record that prohibits the activity.
Manatee Conditions:
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 the project will be
manatee speed zones, and the need to avoid coll
will advise all construction personnel that there
harassing, or killing manatees which are protect
Endangered Species Act, and the Florida Manat
instructed about the presence of manatees and
lions with and injury to manatees. The permittee
xe civil and criminal penalties for harming,
d under the Marine Mammal Protection Act, the
e 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 will be made of n
will be properly secured, and will be regularly
entrapment. Barriers must not impede manatee
4. All on -site project personnel are responsible for
manatee(s). All in -water operations, including v
within 50 feet of the operation. Activities will n,
50-foot radius of the project operation, or until
reappeared within 50 feet of the operation. Anin
leaving.
5. Any collision with or injury to a manatee will
1-888-404-FWCC. Collision and/or injury sh(
Service in Jacksonville (1-904-731-3336) for
south Florida.
in which manatees cannot become entangled,
-ed to avoid manatee entanglement or
observing water -related activities for the presence of
-ssels, must be shutdown if a manatee(s) comes
)t resume until the manatee(s) has moved beyond the
0 minutes elapses if the manatee(s) has not
Lals must not be herded away or harassed into
reported immediately to the FWC Hotline at
l also be reported to the U.S. Fish and Wildlife
th Florida or Vero Beach (1-772-562-3909) for
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 MyFWG.com). One sign which reads Caution: Boaters must
be posted. A second sign measuring at least 8 1/2' 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.
Self -Certification Requirements:
The user agrees to the following:
1. The information provided herein is true and accurate.
2. Construction of the project must be completed within one year from the self -certification date. If the
project cannot be completed within that time frame, or the project is to be modified, the Department
must be contacted for authorization requirements.
3. Any substantial modifications in the plans for this project must be submitted to the Department for
review, as changes may result in a 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.
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.
SEA TURTLE AND SMALLTOOTH SA
The permittee shall comply with the following
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
CONSTRUCTION CONDITIONS
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 salltooth 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 moI ement, 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.
I
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
trrt a ga'�`
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.nmfsser@noaa.gov.
c. Sea turtle and marine mammal stranding/rescue organizations' contact information
is available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
d. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
I
e. All work must occur during daylight hours.
f
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 Engineersll ational Marine Fisheries Service
Auzust 2001
Submerged Aquatic Vegetation:
1. Avoidance. The pier shall be aligned so as to minimiz
2. The height of pier shall be a minimum of 5 feet above 1V
3. The width of the pier is limited to a maximum of 4 feet.
in length. The turnaround is limited to a section of the pi
width. The turnaround shall be located at the midpoint of
4. Over-SAV bed portions of the pier shall be oriented
practicable.
5. a. If possible, terminal platforms shall be placed in deer
beds.
the size of the footprint over SAV beds.
IW/OHW as measured from the top surface of the decking.
k turnaround area is allowed for piers greater than 200 feet
no more than 10 feet in length and no more than 6 feet in
.ie pier.
i a north -south orientation to the maximum extent that is
waterward of SAV beds or in an area devoid of SAV
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 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 andlconstructed 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 catY alk (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
"halos") around the newly installed pilings. Pile driving
pressure pump may be used.
8. The spacing of pilings through SAV beds shall be a
suit in the formation of sedimentary deposits("donuts" or
the preferred method of installation, but jetting with a low
9. The gaps between deckboards shall be a minimum of/z inch.
of 10 feet on center.
Grid Specifications and Suppliers Section modified in October 2002 to add an additional vendor of materials.
February 2003 -Vendor name changed from ChemGrate to FiberGrat
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 ,