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HomeMy WebLinkAboutLETTER-HARBOUR COPERI Y\ Ptoject No.::56"-0306709-0.11-EE ProjectName- Harbour Cove: Slip: 9 - Page 2 of 5 or rules spy' erning the exempt activity.: In .the event you need to 're=verify the. exempt status for the activity after the one=year expiiration.of this verification, a new.application_and verification fee will be: required. Any,substaritial modifications -.to -.the pro'ect.design.should.be-.submitted-.to--the Department for review' "as changes may result. in a permit being. required. Conditions of compliance with-the"regulatory exernption are contained in Attachinent. A.' 2: :Proprietary Review = NOT REQUIRED_ The: activity does: not :appear :to :be- located on sovereign submerged lands, and does :riot require further. authorization. under. chapter 253 of the Florida Statutes; or chapters F 8-20. or `18 " 21 "'of the on a - mistratrve Code: e era" evreW _ PGP.APPROVED Your -proposed activity as outlined. on your. application -and attached drawings qualifies. -for Federal authorization pursuant: to. the State .Prograrnrriatic .General: Permit V; and': a separate: permit: or authorization will riot be required from the :Corps:, Please note that the Federal: authorization expires- on July- 26;.2021::You' as permittee; are.required-to adhere to all General. Coiditions arid: Sp.eeial conditions that: may, apply to your project: - A copy:_of.the SPGP- V with all :terms and. conditions - and ' - the . General. Conditions may be'- ` . . found at. http://www.gaj.usace.army.mil/Po'rtals14*4/does/regulatory/s6uideb6oW% oniiitiin �eneral�erihits /SPGP/SPGPV--Permit%201nstrument-Complete-.pdPver=2016=07-27-071.925-250. Authority: for_ review = :ari agreement -With the USACOE: entitled: "Coordination- Agreement Between.the U. S. Army Corps of Engineers(Jacksonville:District) and. -the, Florida Department of - Environmental" Protection;. or -Duly. Authorized. Designee, State Programmatic General Permit"; Section.l0 of the.Rive'rs and.Harbor.Act of-1.$99, and Section.404.of the. Clean Water.Act. ... ... .. ... .. .. Additional Information. Please retain this letter.. The activitiess may, be.mspected:byauthorized. state personnel in the future - - jo. insure. compliance.with appropriate statutes and administrative -codes: If.the activities are not in compliance; you maybe subject to penalties_ under Chapter 3-73, F.S.; and .Chapter.1844,-F.A.C.' OTICE OF- RIGHTS . h s.actionls:f al and effective on date:filed-with the. Clerk.of the Department unless:a petitions or an administrative hearing is timely filed under Sections. 120.569 and 120.57, F:S.- -before the eadline for.filing_a petition. Ori the filing of.a timelyand-sufficient petition, - this action.wiltnot . e final -and effective -until R.0ther,order of. the - Department.'. Because the:administrative$ear ng rocess 'is. designed t Tormulate - final. agency - action; -the � .filing -. of a petition. means. that :the -` epartment's- final action inay.be different -from the_positi6n taken -by -it. in.this notice, .. Retition for Administrative Hearing:'.. ! .person whose substantial interests :are affected by - the. Department's -action may -petition for.an- dministrative proceeding (hearing) under Sections 120.569.and. 120.57, F:S. Pursuant.to Rule 2& 106.20.1, F.A.C.,. a .petition for an administrative, hearing must contaiti "the .following. information: (a). . - The: -name :and address:. of each agency affected: and each: agency's file or = - identification number,: if -known; . . . _ Project No::-56=0306709-011:Eg. Project Name: Harbour Cove:Slip 9 Page 3 of 5 (b). The named address, any email address; any facsimile number; and telephone number of the `.petitioner; the'. name; . -address, and.: telephone number of the- petitioner's. representative., -if any, which shall be the address _for --service purposes during he course of the proceeding; and -.an explanation -of how the:petitioner's-'substantial interests are:or will be affected by. the agency. -determination;. 0. A .statement of when and: how'the petitioner received notice of the agency decision; (d)..::A statement of all'dispuied issues. of material fact.: If there are -none,:the:petition must -so indicate; (e) _ Acoricise statementof the. ultimate facts alleged, ineliiding the specific facts that the petitioner contends-warr_arit.reversal or_inodification of-the.agericy's proposed. action; (f). A statement of the•, specific rules .or . statutes that -the petitioner contends require . . reversal. or- modification -of the. agency's proposed action, including an.explanation.of how- the alleged facts -relate to -the specifcrules.or statutes; and (g) _a A: statement of the orelief -sought-by: the: petitioner, : stating :precisely :the action that:: . :the petitioner wishes the :agency to :take with:respeato the:agericy's proposed action: Thepetition must- be: filed -(received-.by, the-: Clerk). in -.the -.Office•. of General -Counsel of. the - - -. - Departinerit at 3900 CommonwealihBoulevard;.Nlail Station 35, Tallahassee, Florida32399.-3000. . Also, a copy of. the petition _shall be -.mailed to -the _applicant at the address 'indicated above At: the . . time of filing.:. Time Period for -Filing. a -Petition In. accordance- with Rule-62=110.106(3), F.A.C.; petitions for an administrative hearing by -the - applicant_ must. be filed within 21 days. of receipt of this written notice. -.Petitions .filed. by any - persons. other -than the applicant;. and other -than. those. entitled -.to. written notice. -under Section 120:60(3), F.S: must :be filed within 21 days. of publication, of the notice or .within 21 days of receipt of the -written. whichever occurs first: Under Section:l_20.6.0(3), F.S:,.however, any _ .- person who -has 'asked the -Departmentfor notice of.agency-action inay flea petition within 21 Idays:of receipt of such notice, regardless . ...date of publication..The.failure to file -a petition �IwI�ithin the. appropriate--time-period-shall constitute`a-waiver of thafperson's right.to request an - administrative determination (hearing) under Sections 120.569 and 120:5.7; F.S:,:.or.to intervene. in his proceeding and participate .as a party to it. Any -subsequent -.intervention (in- a proceeding vitiated by.another-party) .will be ,onlyat.the discretion: of the -presiding -officer. upon the f ling of �ll motion in: compliance. with Rule 28=106205; F;A.C: L. -. xtension of Time. j rider Rule 62=1.1-0:106(4), - F,A:Q- a .person -whose- substantial interests. -are affected- b the 11 91 —epartment's action.may-also request an extension of time toile a.petition for ari-administrative. earing. The Department may; for. ood cause shown, ant the -re uest :for an extension of time. g. - .. q. equests for extension of time must:be filed .with the Office.of: General- Counsel of the Department: 3900, Commonwealth Boulevard; M *1 Station 35 - Tallahassee; Florida:32399;3000; :before the _ a plicable - deadline -.for.- filing a petition for an administrative `Bearing.. A: timely a request, for e tensionof time shall tollthe running of the time period -for filing a petition until the. request is . a te. upon.. - Project No.: 56-0306709-011-EE Project Name: Harbour Cove Slip 9 Page 5 of 5 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. July 23, 2018 Clerk Date Enclosures: Attachment A- Specific Exemption Rule General Conditions for use of the Federal SPGP V Project Drawings, 2 pages attachment A :hapter 62-330.051 Exempt Activities. 'he activities meeting the limitations and restrictions below are exempt from permitting. However, P located in, on, or over state-owned submerged lands, they are subject to a separate authorization nder Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (h) The installation of a pile -supported boat lift within an existing mooring area at a docking acility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. General Conditions for Federal Authorization for SPGP V 1. The time limit for completing the work authorized ends on July 26, 2021. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. �6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. r Information: 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�I 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 permitted project or uses thereof 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. 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. 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. 1 Department of the Army Permit Transfer for SPGP V PERMITEE: PERMIT NUMBER: ADDRESS/LOCATION OF PROJECT: (Subdivision) DATE: (Lot) (Block) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations does not expire To validate the transfer of this permit and the associated responsibilities associated with ompliance with its terms and conditions, have the transferee sign and date below and mail to the J.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 2232-0019. Transferee Signature) (Date) I Name Printed) I treet address) I ,Mailing address) ity, State, Zip Code) :STANDARD MANATEE CONDITIONS FOR IN -WATER WORK: . .2011 The permittee. shall comply. with- the following, conditionsintended to protect manatees from direct . project effects: a.- All -personnel -associated. with the project shall -be instructed -about the presence of manatees and :manatee :speed zones, .and the -need. to avoid collisions -.with and. injury to manatees. The,permittee.shall advise. all donstruction.personnel-that.there _are -civil and . criminal. penalties. for harming, harassing, or killing-manatees;which.are protected under, the Marine Mammal.Protectio'n Act, the Endangered Species Act; and.the Florida Manatee Sanctuary Act: b:_ -All vessels associated 'With .the construction project shall.operate-at "Idle Speed%No Wake`-": at all.times.while-ih-the immediate area and 'While -in _ water where -the -draft of the vessel provides1ess than a:fo.ur-footclearance-from the botto'All:vessels-will.. follow:routes:of: deep water whenever possible: c. Siltation or turbid_ ity:barriers shall be made of material in .which manatees cannot become entangled, shall be properly secured; -and -shall be regularly monitored -to avoid manatee: entanglement or entrapment.:Barriers-rhust_ not impede manatee movement. d All on -site project personne' (6re responsible-for.observing:water-related- act! vities for.fhe . presence of manatee(s):_Al,l in=water operations:.Inbludirig vessels; must be shutdown if a = manatee(s) .comes within. 50:. feet. of the . operation. Activities . will_ not'. resume' .u.ntil . the. manatee(s)-has. moved -beyond. the 50400t radius- of'the. project. operatiM.-or .unti.l .30 ...`. minutes elapses :if. the manatees) has. not reappeared within. 50- feefi of. the operation nimals must.not be herded.away.or.harassed into leaving. .. . e. Any collision with: or injury to -a manatee shall be reported immediately to the .FWG Hotline at"1-888-404-3922. Collision -and/or_ nijury:should: also: be re'ported'to _the U.S:. Fish and,'. Wildlife Service in Jacksonville (1-904-731.=3336).-.for,borth Florida or'Vero Beach- (1-77.2- 562-390.9) for south Florida, and to:FWC:at.ImperiledSiy iesCc myFWC:corh I.- Temporary signs concerning manatees: shall--be-posted`-prior: to and: during -all in -water: project :activities. All:signs-are: to :be: removed: by. the: permittee .upon completion :of the project;"Temporarysigns that have already been approved1or this:use by the Florida:Fish- andWildlife Conservation Commission (FWC) mustbe:used (see MyF.WC:corh manatee): One sign which reads -Caution: -Boaters must be posted. As econd sign measuring at least 81-/2'-by.11-.1 explaining the;requirements.for'ldle:Speed/No.Wakd' and the shut down of . ..... in=water operations -must. be posted in.a'- location prominently visible to- all: personnel engaged. in water -related activities. Questions -concerning.these. signs. can be. sent•.to the email-address:listed above._ UNITED STATES DEPARTMENT OF COMMERCE. Ej,T 0P i : National Oceanic -and. Atmospheric Administration ... ... .. . `p0ct4` :: ��¢p9.. NATIONALMARINE FISHERIES.SERVICE- outheast Regional Office- — 263 13th Avenue. South f St.'Petersburg,.FL.33:701. Carey aF ... - ... .... SEA'TURTLEAND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS .. .. .... .... ... .. .. ..... ... The-permitiee'shall. comply with the following protectedspecies constr-uctiori,conditions*. . a.. The permitfee shall instruct all. personnef .associated with .fhe .project of the. potential presence of these species and ' the. need to-- avoid . collisionswith. sea turiles':'and' smalltooth: sawfish.- All. construction personnel are responsible for'-observing:waier-related activities .for the presence of these species: :b The permittee shall advise -all construction.personnel that there are :civil and criminal. penalties: for: harming, harassing, or.- killing. sea. turtles- or smalltooth : sawfish; which are protected under the - :. Endangered Species Act`of 1973:. =` c. Siltation barriers- shall be:'-ade 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.pnor agreement -from the National:lVlarine: Fisheries Service's Protected .'Resources Division,- St. Petersburg, Florida. . d. All vessels associated with the."constra' on,proiect- shalt operate at "rio.wake/idle"speeds_ at.all' . times=while in.the construction, area* and while in_water depths'where the. draft of the vessel provides Tess than a.four-foot clearance"fr.6 n�the. bottom..AII wesseIs 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. activ-.edaily: construction/dredging operation, or vessel, movement;. all appropriate -precautions - shall be, implemented: to ensure its protection.':These :precautions:shall -include cessation -of operatioriof any : . moving equipment. closer than- 50:feet of a sea turtle .or -smalltooth sawfish::Operation of any .. it echaiiical :construction equipment shall`cease: immediately ifa sea turtle :or smalltooth: sawfish: is-. - seen within a 50-ft radius. -of the :equipment.: Activities may:not resume until the protected species has.deparfed the projectarea'-ofown volition:. f Any collision with and/or injury to a sea turtle or smalltooth sawfish sh 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 iii-the primary consnitation:- h.. Any collision(§) :with and/or. injuries. to any. whale, or. sturgeon occurring duringthe'construction of a project; .shall be. reported.immediately .to NMFS's Protected Resources. Division (PR17) at.(727 824.53-12)...