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HomeMy WebLinkAboutSELF CERTIFICATIONFlorida Department off o 11PIPP.A110, Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Receipt for Submission Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary SELF CERTIFICATION FOR I `f I'A� �? NO A PROJECT AT A PRIVATE, SINGLE-FAMILY RESIDEtNJP,4 } ;SIDES 05/10/2018 i C WR SIDES i"" Self Certification File No.: 0364370001EE Z G File Name: 1250 Nettles Blvd Jensen Beach, FL 34957 TECH. - Self Certification Repair and Replace - Dock (Aquatic Preserves) , Dear Bruce Jerner: On, 05/10/2018, you used the 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: 0.8703 LONG - Degrees: -80 Minutes: 13 Seconds: 20.4545 SITE ADDRESS: 1250 Nettles Blvd Jensen Beach, FL 34957 COUNTY: St. Lucie For: HARRY KAPPLE 1250 NETTLES BLVD Jensen Beach, VL 34957 You have certified that the project you propose to construct at the above location meets all the conditions of the Self -Certification Process. A project that is built in conformance to those conditions (attached for reference) will: Qualify for a regulatory exemption under Section 403.813(1)(b) of the Florida Statutes (F.S.) and Chapter 62-330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.; Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and Chapter 18-21, F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the project is located on submerged lands owned by the State of Florida.; �•�1 j .Y � ��S •i 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 SPGP Self -Certification Process. This Self - Certification will not apply if any substantial modifications are made to the project. You agree to contact the Department for review of any plans to construct additional structures or to modify the project, as changes may result in a permit being required. You have acknowledged that this Self -Certification will automatically expire if: 1. construction of the project is not completed by midnight, July 25, 2021, unless construction commenced or a contract to construct was executed before July 25, 2021, in which case the time limit for completing the work authorized by the SPGP ends at midnight, July 25, 2022. However, in no case can construction continue for more than one year beyond the Self -Certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self -Certification are not followed; or 4. 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. If you have any questions, please contact your local Department District Office. Contact information can be found at: hops://floridadep.gov/water/submerged-lands-environmental-resources- coordination/documents/district-office-contacts. For further information, contact the Corps directly at: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. When referring to your project, please use the SPGP Self -Certification file number listed above. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled Coordination Agreement between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. ADDITIONAL INFORMATION This Self -Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies (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 documents, please call the ERP Coordinator at (850) 245-8495 or by e-mailing us at ERP eAups(a,dcp.state.fl.us. Sincerely, Florida Department of Environmental Protection Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 TERMS AND CONDITIONS Self Certification File No.: 0365225001EE Construction Conditions: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary Private residential single family docks are subject to the following criteria in accordance with Section 403.813(1)(b), F.S. 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.; 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;. 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; 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: 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; 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 of the surface 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 foot 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 over 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; 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. General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: 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. 1. Sovereignty/state-owned submerged lands may be 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 18-21.005, 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. 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 in the 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 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 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.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. 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 MyFWC.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.