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HomeMy WebLinkAboutSELF CERTIFICATIONS � Ba Florida Department of V Vul Cle CgaMy Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 TERMS AND CONDITIONS Self Certification File No.: 0366920001EE Conditions: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary Private r�dential single family docks are subject to the following criteria in accordance with Section 403.813(1)ll' b), F.S. The dock to be constructed: 1. Has 00 square feet or less over water surface (includes adjacent wetlands) in accordance with Cha ter 62-340, F.A.C.; 2. Is co structed on or held in place by pilings and is constructed so as not to involve filling or dredging othethan that necessary to install the pilings; 3. Will �ot substantially impede the flow of water, cause water pollution, or create a navigational h d;. 4. Isus: d ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia;. 5. Is th 11sole dock on the parcel; and 6. Mu�not be subject to any conservation easement or restrictive covenant of record prohibiting the acti tv. Boat lifts" re 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. Wi 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 4. Wil. not be located in areas prohibited for mooring by a previously issued permit or other form of autEprization issued by a local government; I 5. C of be placed in waters that are deeper than -4 ft MLW; v 6. Will ccommodate the proposed boat use in order to ensure that a minimum of one foot clearance is provi, ed between the deepest draft of a vessel and the top of any submerged resources at mean or ordin,6 low water; 7. The ock, together with the boat lift, cannot extend waterward more than 500 feet or more than 20% of thi width of waterbody (or 25% in Boca Ciega Bay or Pinellas County Aquatic Preserves), whic„ever is less; and 8. Moop"ng areas cannot be enclosed in whole or in part with walls, doors, screens or any other General Aquatic Preserve Conditions: Private re.4"dential single family docks in Aquatic Preserves are subject to all of the following criteria in accorda'iice with Chapters 253, F.S. and 258, Part II, F.S. 1. No d ck will extend waterward of the mean or ordinary high water line more than 500 feet or 20 perc t of the width of the waterbody at that particular location, whichever is less. 2. Cerfidn docks fall within areas of significant biological, scientific, historic or aesthetic value and requ ire special management considerations. The Board will require design modifications based on site '� ecific conditions to minimize adverse impacts to these resources, such as relocating docks to avoi vegetation or altering configurations to minimize shading. 3. Doc mg facilities will be designed to ensure that vessel use will not cause harm to site specific reso rces (mangroves, seagrasses, corals, etc). The design will consider the number, lengths, drafts, and types of vessels allowed to use the facility. Aquatic P eserve Dock Criteria: All privat residential single family docks in Aquatic Preserves will be subject to the following criteria inaccordance with Chapter 18-20 F.A.C. and Section 258.42(3)(e)1., F.S.: 1. Any ain access dock will be limited to a maximum width of four (4) feet; 2. The ock decking design and construction shall ensure maximum light penetration, with full cons deration of safety and practicality; 3. The lock, including mooring areas, shall extend out from the shoreline no further than to a maximum depq� of minus four (4) feet mean low water; 4. Whe i the water depth is minus four (4) feet mean low water at an existing bulkhead, the maximum docl i length from the bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegq ation overhang; 5. Ternjinal platform size shall be no more than 160 square feet; 6. In oas with the presence of any natural resource attributes (as determined during the spring -summer gro ,mg season) the following criteria shall apply: a. W od 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. Wien the dock surface is to be constructed of material other than wood, the dock shall be designed to prgQvide light penetration which meets or exceeds the light penetration provided by wood C. main access walkway shall be elevated a minimum of five (5) feet above mean or ordinary highwater; d. If 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 elev lion to facilitate access between the terminal platform and the waters of the preserve or a vessel; and e. Te dock to be constructed will have adequate existing water depths in the boat mooring, turning base '� access channels, and other such areas which will accommodate the proposed boat use to ensue that a minimum of one foot clearance is provided between the deepest draft of the vessel and the t 1,p of any submerged resources at mean or ordinary low water. 7. Roots may be constructed over boat slips if the following criteria are met: a. 06, slip must contain a boat lift or davit that does not float in the water when loaded; b. TOe roof must not overhang more than one (1) foot beyond the footprint of the lift and the boat stor ,d at the lift; c. Nei walls shall be constructed; d. Rofs meeting these requirements are not included in the square -footage calculation of a terminal platl} rm. However, the roof area is still counted in the square -footage calculation of the entire dock struc� re (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 '� f the upland property from which the dock is constructed; and 9. The 14ock will be designed to moor no more than 2 vessels. General Ctjonditions for Sovereignty/State-Owned Submerged Lands Authorizations: Any use o sovereignty/state-owned submerged lands is subject to the following general conditions that are b ding 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 rized deviation from the specified activity or use and the conditions for undertaking that or use will constitute a violation. Violation of the authorization will result in suspension or on of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the ;ion of the Board of Trustees of the Internal Improvement Trust Fund (Board). 2. Auth' rization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged land or water column, nor does it constitute recognition or acknowledgment of any other person's title such land or water. 3. Auth rizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with }ts terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. 4. Stru4,�ures or activities will be constructed and used to avoid or minimize adverse impacts to 5. Con ' ction, use, or operation of the structure or activity will not adversely affect any species which is en I angered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 6 8 A Ont05, F.A.C.; 6. Stru tares or activities will not unreasonably interfere with riparian rights. When a court of com etent jurisdiction determines that riparian rights have been unlawfully affected, the structure or acti tv will be modified in accordance with the court's decision. 7. Struotures or activities will not create a navigational hazard. 8. Strutres will be maintained in a functional condition and will be repaired or removed if they becoa dilapidated to such an extent that they are no longer functional. 9. Stru4tures or activities will be constructed, operated, and maintained solely for water dependent 10. The ipplicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all cairns, actions, lawsuits and demands in any form arising out of the authorization to use Bove eighty/stateowned submerged lands or the applicant's use and construction of structures on sove eignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any d all liabilities that are associated with the structure or activity including special assessments or es that are now or in the future assessed against the structure or activity during the period of the 11. Faili by the Board to enforce any violation of the authorization or waiver by the Board of any prov son of the authorization will not invalidate the provision not enforced or waived, nor will the fail Ie or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a ture violation of that provision. 12. App cant binds itself and its successors and assigns to abide by the provisions and conditions set fortf. I in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the I iovisions and conditions of the authorization, the authorization may be terminated by the Board after i written notice to the applicant or its successors or assigns. Upon receipt of such notice, the appl ant or its successors or assigns will have thirty (30) days in which to correct the violations. Fail i e to correct the violations within this period will result in the automatic revocation of this 13. All �psts incurred by the Board in enforcing the terms and conditions -of the authorization will be paid y the applicant. Any notice required by law will be made by certified mail at the address shown on p e one of the authorization. The applicant will notify the Board in writing of any change of addr s at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive cove ant of record that prohibits the activity. Manatee The follo 1ng conditions are intended to protect manatees from direct project effects; THESE CONDITI NS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All I rsonnel associated with the project will be instructed about the presence of manatees and man tee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will dvise all construction personnel that there are civil and criminal penalties for harming, hara ing, or killing manatees which are protected under the Marine Mammal Protection Act, the End gered Species Act, .and the Florida Manatee Sanctuary Act. 2. All -*� ssels associated with the construction project will operate at 'Idle Speed/No Wake' at all times whili 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. Silta ion or turbidity barriers will be made of material in which manatees cannot become entangled, Will a properly secured, and will be regularly monitored to avoid manatee entanglement or en ment. Barriers must not impede manatee movement. 4. All -site project personnel are responsible for observing water -related activities for the presence of man tee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes with ri 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-f of 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 5. Any', Collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-88-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Servl ce in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida. 6. Ten' orary signs concerning manatees will be posted prior to and during all in -water project activ ities. All signs are to be removed by the permittee upon completion of the project. Awareness sign;' that have already been approved for this use by the Florida Fish and Wildlife Conservation Con nission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be p sted. A second sign measuring at least 8 1/2' by 11' explaining the requirements for 'Idle Spe o Wake' and the shut down of in -water operations must be posted in a location prominently visita to all personnel engaged in water -related activities. Requirements: The user Ogrees to the following: 1. The information provided herein is true and accurate. 2. Co ction of the project must be completed within- one year from the self -certification date. If the prof t cannot be completed within that time frame, or the project is to be modified, the Department m ; be contacted for authorization requirements. 3. �Zy�ubstantial modifications in the plans for this project must be submitted to the Department for i„W, as changes may result in a permit being required. 4. This' elf -certification will automatically expire if site conditions materially change; if the terms, cond lions, and limitations of the self -certification are not followed; or if the governing statutes or rules are amended before the project is completed. 5. Dep�, ament personnel will be allowed to enter the property for purposes of inspecting the project for com liance with the terms and conditions of this self -certification. Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary ON FOR THE DEPARTMENT OF THE ARMY SELF -CERTIFIED STATE TIC GENERAL PERMIT FOR A PROJECT AT A PRIVATE, SINGLE FAMILY RESIDENCE Self Certifkation File No.: 0366920001EE General 1. The a limit for completing the work authorized on July 26, 2021. 2. You ust maintain the activity authorized by this permit in good condition and in conformance with the rms and conditions of this permit. You are not relieved of this requirement if you abandon the perm tted activity, although you may make a good faith transfer to a third party in compliance with Gen al Condition 4 below. Should you wish to cease to maintain the authorized activity or should you sire 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 yo i discover any previously unknown historic or archeological remains while accomplishing the acti1ty authorized by this permit, you must immediately notify this office of what you have found We i, fill initiate the Federal and State coordination required to determine if the remains warrant a recoi rery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If yo sell the property associated with this permit, you must obtain the signature of thenewowner on i4p enclosed form and forward a copy of the permit to this office to validate the transfer of this 5. If a c Dnditioned 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. Younust allow representatives from this office to inspect the authorized activity at any time deemed nece sary to ensure that it is being or -has been accomplished in accordance with the terms and cond#ions of your permit. Further 1. Lim' of this authorization: a. TI is permit does not obviate the need to obtain other Federal, State, or local authorizations requ ed by law- b. TI iis permit does not grant any property rights or exclusive privileges. c. Tt s permit does not authorize any injury to the property or rights of others. d. T1 is permit does not authorize interference with any existing or proposed Federal projects. 2. Lim' s of Federal Liability. In issuing this permit, the Federal Government does not assume any liabi ity for the following: a. D 1 ages to the permitted project or uses thereof as a result of other permitted or unpermitted acti {ties or from natural causes. b. Dy�anages to the permitted project or uses thereof as a result of current or future activities undOtaken by or on behalf of the United States in the public interest. c. D4mages to persons, property, or to other permitted or unpermitted activities or structures caused by t '6 activity authorized by this permit. d. D ,sign or Construction deficiencies associated with the permitted work. e. D age Maims associated with any future modification, suspension, or revocation of this permit. 3. Relic cont 4. Reei the c limit a. YA b. Tl inco. c. Si publ 5. Sucl mod as th the i pern com may mea 6. Whc trap: of th com 7. The be n Manatee I 1. All ] man will ham End 2. All, whit four 3. Silt, - Will entr 4. All i nce on Applicant's Data: The determination of this office that issuance of this permit is not try to the public interest was made in reliance on the information you provided. duation of Permit Decision: This office may reevaluate its decision on this permit at any time rcumstances warrant. Circumstances that could require a reevaluation include, but are not .d to, the following: u fail to comply with the terms and conditions of this permit. information provided by you in support of your permit application proves to have been false, iplete, or inaccurate (see 3 above). nificant new information surfaces which this office did not consider in reaching the original interest decision. a reevaluation may result in a determination that it is appropriate to use the suspension, rication, and revocation procedures contained in 33 CFR 325.7 or enforcement -procedures such ►se contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for suance of an administrative order requiring you comply with the terms and conditions of your it and for the initiation of legal action where appropriate. You will be required to pay for any ,tive measures ordered by this office, and if you fail to comply with such directive, this office n certain situations (such as those specified in 33 CER 209.170) accomplish the corrective ores by contract or otherwise and bill you for the cost. i the structures or work authorized by this permit are still in existence at the time the property is 'erred, the terms and conditions of this permit will continue to be binding on the new owner(s) property. To validate the transfer of this permit and the associated liabilities associated with liance with its terms and conditions, have the transferee sign and date the enclosed form. ►ermittee understands and agrees that, if future operations by the United States require the val., relocation, _or other alteration, of the structures or work herein authorized, or if, in the :)n of the Secretary of the Army or his authorized representative, said structure or work shall unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be red, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the Ural work or obstructions caused thereby, without expense to the United States. No claim shall tde against the United .States on account of any such -removal, relocation or alteration. rsonnel associated with the project will be instructed about the presence of manatees and ee speed zones, and the need to avoid collisions with and injury to manatees. The permittee ivise all construction personnel that there are civil and criminal penalties for harming, ing, or killing .manatees which are protected under the Marine Mammal Protection Act, the gered Species Act, and the Florida Manatee Sanctuary Act. ssels associated with the construction project will operate at "Idle Speed/No Wake" at all times in the immediate area and while in water where the dram of the vessel provides less than a ,ot clearance from the bottom. All vessels will follow routes of deep water whenever possible. on or turbidity barriers will be made of material in which manatees cannot become entangled, properly secured, and will be regularly monitored to avoid manatee entanglement or ment. Barriers must not impede manatee movement. site project personnel are responsible for observing water -related activities for the presence of ee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes 150 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the ►t 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 i " o leaving. 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline t 1-888404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wit life Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-390 for south Florida. 6. Temporary signs concerning manatees will be posted prior to and during all in -water projec 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 Con se ion Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boa rs must be posted. A second sign measuring at least 8 Y2' by 11" explaining the requirements for "I le Speed/No Wake" and the shut down of in -water operations must be posted in a location pro ninentl3 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 ootprint 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 turriaroun area is allowed for piling -supported structures greater than 200 feet in length. The turnaround is lir tited to a section of the piling -supported structure no more than 10 feet in length and no more than 6 bet 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 o ientation 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 it an area devoid of SAV beds. b. If a terminal platform is placed over SAV areas and constructed of grated decking, the tc 1 size of the platform will be limited to 160 square feet. The grated neck .material will conform to th specifications stipulated below. The configuration of the platform will be a maximum of 8 Xt by 20 feet. A minimum of 5 feet by 20 feet will conform to the 5-foot height requirement; a 3 fee 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 siz of the platform will be limited to 120 square feet. The configuration of the platform will be a max mum of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section will conform to t ie 5-foot height requirement. A section may be placed 3 feet above MHW to facilitate boat access. T ie 3 feet above MHW section will be cantilevered. The long axis of the platform should be aligned i a northsouth direction to the maximum extent that is practicable. If the 3 feet above MHW se tion 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 d Tosits ("donuts" or "halos") around the newly installed pilings. Pile driving is the preferred methc 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. S. The gaps between deckboards will be a minimum of 112 inch. Marsh and Mangroves Conditions: 1. Marsh: a. The piling -supported structure will be aligned so as to have the smallest over -marsh footprintas 2. b. a over -marsh portion of the piling -supported structure will be elevated to at least 4 feet above the in iarsh floor. c. TI'e width of the piling -supported structure is limited to a maximum of 4 feet. Any exceptions to the idth must be accompanied by an equal increase in height requirement. a. width of the piling -supported structure is limited to a maximum of 4 feet. b. M Ingrove clearing. is restricted to the width of the piling -supported structure. c. na location and alignment of the piling -supported structure should be through the narrowest area of th'p mangrove fringe. Sea Turtland Smalltooth Sawfish Construction Conditions: The permi ee will comply with the following protected species construction conditions: 1. The ermittee will instruct all personnel associated with the project of the potential presence of these spec es and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction persi innel are responsible for observing water -related activities for the presence of these species. 2. The rmittee will advise all construction personnel that there are civil and criminal penalties for ham Iffig, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the End gered Species Act of 1973. 3. Silta ion barriers will be made of material in which a sea turtle or smalltooth sawfish cannot become entm gled, be properly secured, and be regularly monitored to avoid protected species entrapment. Baff ers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habi at without prior agreement from the National Marine Fisheries .Service's Protected Resources Divi ion, St. Petersburg, Florida. 4. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times whil in the construction area and while in water depths where the draft of the vessel provides less than i four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e. g' marked channels) whenever possible. 5. If a a turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operition or vessel movement, all appropriate precautions will be implemented to ensure its prot tion. These precautions will include cessation of operation of any moving equipment closer than'�� 0 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equi , ment will cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the e' uipment. Activities may not resume until the protected species has departed the project area of its o m volition. 6. Any ollision with and/or injury to a sea turtle or smalltooth sawfish will be reported immediately to the I ational Marine Fisheries .Service's Protected Resources Division (727-824-5312).and the local auth rized sea turtle stranding/rescue organization. 7. Any pecial construction conditions, required of your specific project, outside these general con tions, if applicable, will be addressed in the primary consultation. 8. Any llision(s) with and/or injuries to any whale, or sturgeon occurring during the construction of a prof t, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (727 824-5312). 9. Rep to NMFS's Protected Resources Division (PRD) may be made by email to 10. Sea i i irtle and marine mammal stranding/rescue organizations' contact information is available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm. 11. Sma tooth sawfish encounters shall be reported to http: www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.httnl. 12. All ork must occur during daylight hours. Special 1. For oncrete piles installed by impact hammer: a. TI te piles will be less than or equal to than 24 inches in diameter, and b. NA more than 10 piles will be installed per day if in open water; or, c. N t more than 5 piles will be installed per day in a confined space. A confined space is defined as any rea that has a solid object (e.g., shoreline, seawall, jetty) or structure within 150 feet of the pile insation site that would effectively serve as a barrier or otherwise prevent animals from moving pastt t to exit the area. This does not include objects such as docks or other pile -supported structures that ould not stop animal movement or significantly reflect noise. 2. Met, i l 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 Wilc Ilife 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 acth ity. 4. The Permittee is responsible for compliance with 50 CFR 224.103 prohibiting approach within 500 yard, of a right whale, with limited exceptions. 5. Spec.,al Conditions Related to All Reviews and Authorizations are available at: httns//WWW-Sai.usace.aPnly mil/Missions/Reeulatorv/Source-B_ookL and must be followed. for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's Seagrass (Halophila joknsonit) National Marine Fisheries Service/U.S. Army Corps of Engineers October 2002 la. The�construction site is within the known rangeafJohnson's seagrass-0ccurrimce{Sebastianinlet to central Biscayne Bay in the lagoonal systems on the east coast of Florida). Go to 2. lb. The construction site is not within the known range of Johnson's seagrass occurrence but submerged aquatic vegetation (SAV) is present at the site. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - I1.S Army Corps -0f EngineerslAational Marine Fisheries Service, August 2001. lc. The construction site is not within the range of Johnson's seagrass and SAV is not present at the site: No construction conditions for SAV are necessary. 2a. Seagrass survey for Johnson's seagrass is performed at the proposed site -during the April l — August 31 growing season. Go to 3. 2b. No survey for Johnson's seagrass is performed at the proposed site during the growing season, or a survey is performed at the proposed site but is outside of the growing season. Go to 4. 3a. Johnson's seagrass ispresentatthe proposed -construction site. Go -toy. 3b. Johnson's seagrass is not present at the proposed construction site. Go to 6. 4a. The construction is in an area designated by the National Marine Fisheries Service - Protected Resources Division (NMFS-PRD) as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Uorps of EngineerslNational Marine Fisheries Service, August 2001, except that light-transinitting materiW (LTMs) shall comprise 100% of allpedestrian surfaces waterward of the mean low water (ML#9 line 4b. The construction is not in an area designated by NWS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures constructed in prover Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S Army Corps of Engineers/National Marine Fisheries Service, August 2001, accept that LTMs shall comprise at least 75% of all pedestrian surfaces waterward of the MLWhne and a rminimum 1- inch spacing shall be maintained between all wooden deckboards used waterward of the MLW fine. 5a. The construction is in an area -designatedbyNMPS-PRDas-critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of EngineerslNational Marine Fisheries Service, August 2001, arcgg that LTMs shall comprise at least 75% of allpedestrian surfaces waterward of the MLW line and a minimum 1-inch spacing shall,be-maintained-betweenall wooden deckboards-used wirleravard of-theMLWRne- 5b. The construction is not in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001, except that allpedestrian surfaces -diredlyover Johnson's seagrass-areas shall be construdedof LTMs anda aninimum key was modified in October 2002 to change the percent light transmittance requirement of the grids from 43 as stipulated in Note #3 . ]-inch spacing shall be maintained between all wooden deckboards used waterward of the MLW fins 6a. The construction is in an area designated by NMFS-PRD as critical habitat for Johnson's seagrass. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in-0r over Submerged Aquatic -Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of Engineers/National Marine Fisheries Service, August 2001, except that a minimum I -inch spacing shall be maintained between all wooden deckboards used waterward of the MLW line: 6b. The construction is not in an area designated by NMFS as critical habitat for Johnson's seagrass. Go to 7 7a. SAV other than Johnson's seagrass is present at the site. Use "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat" - U.S. Army Corps of EngineersIftlional Marine Fisheries Service, August 2001. 7b. No SAV-present. NoconstructionoonditionsforSAYare-necessary. s key is meant to complement but not supersede the "Dock Construction Guidelines in Florida for Docks or Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat - U.S. Corps of Engineers/National Marine Fisheries Service, August 2001. Docks incorporating light -transmitting rims shall not exceed the dimensions recommended in the Guidelines. Register 65 FR 17786, April 5, 2000, Designation of critical habitat for Johnson's seagrass. sight -transmitting materials are made of various materials shaped in the form of grids, grates, lattices, etc., to allow passage of light through the open spaces. All light -transmitting materials used for dock construction in the uwn merge ofJohnson's seagrass shall havea minimum-oftforty-three{43) percent open space. key was modified in October 2002 to change the percent light transmittance requirement of the grids from 43 as stipulated in Note #3 . Dock Construction Guidelines in Florida for Docks or Other Minor Structures ructed 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. A idance. The pier shall be aligned so as to minimize the size of the footprint over SAV beds. 2. Th height of pier shall be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking. 3. Th width of the pier is limited to a maximum of 4 feet: A turnaround area is allowed for piers greater than 200 feet in len .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. r, er-SAV bed portions of the pier shall be oriented in a north -south orientation to the maximum extent that is 5. a. possible, terminal platforms shall be placed in deep water, waterward of SAV beds or in an area devoid of SAV beds. b. a terminal platform is placed over SAV areas and constructed of grated decking, the total size ofthe platform shall be lin 'ted to 160 square feet. The grated deck material shall conform to the specifications stipulated below. The confil uration 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- oot height requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The long i Kis of the platform should be aligned in a north -south direction to the maximum extent that is practicable. c. ffthe terminal platform is placed over SAV areas and constructed of planks, the total size of the platform shall be limite I to 120 square feet. The configuration of the platform shall be a maximum of 6 feet by 20 feet of which a minin um 4-foot wide by 20-foot long section shall conform to the 5-foot height requirement. A section may be placed 3 feet ve MHW to facilitate boat access. The 3 feet above MHW section shall be cantilevered. The long axis of the platf should be aligned in a north -south direction to the maximum extent that is practicable. Ifthe Meet above MHW secti0o is constructed with grating material, it may be 3 feet wide. 6. 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 lie added along the stern end of the boat lift, provided all such walkways are elevated 5 feet above MHW. The catwal shall be cantilevered from the outboard mooring pilings (spaced no closer than 10 feet apart). 7. P' ings shall be installed in a manner which will not result in the formation of sedimentary deposits("donuts" or "halo ") around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low pres a pump may be used. 8. Tl spacing of pilings through SAV beds shall be a minimum of 10 feet on center. 9. TI gaps between deckboards shall be a minimum of YZ inch. Grid Sy ecifications and Suppliers Section modified in October 2002 to add an additional vendor of materials. Feb ipary 2003 -Vendor name changed from ChemGrate to FiberGmte structure shall be aligned so as to have the smallest over -marsh footprint as practicable. 2. 00 over -marsh portion of the dock shall be elevated to at least 4 feet above the marsh floor. 3. Tl i width of the dock is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal Imcrease, in height requirement. width of the dock is limited to a maximum of 4 feet. 2. Mongrove clearing is restricted to the width of the pier. The any and the Grid location and alignment of the pier should be through the narrowest area of the mangrove fringe. Grid Specifications and Suppliers [lowing information does not constitute a U.S. Army Corps of Engineers endorsement or advertisement for rticular provider and is provided only as an example for those interested in obtaining these materials for dock action: A type of fiberglass grate panel is manufactured by SeaSafe (Lafayette, LA; phone: 1-800-326-8842) berGrate (1-800-527-4043). Plastic grate panels are also available from Southern Pine Lumber Company FL; phone: 772-692-2300). Panels are available in a variety of sizes and thicknesses. For safety, the grate contain an anti -slip texture which is integrally molded into the top surface. The manufacturer or local ator should be consulted to ensure that the load -bearing capacity of the selected product is sufficient to support -nded purpose. Contact the manufacturer(s) for product specifications and a list of regional distributors. rations and Suppliers Section modified in October 2002 to add an additional vendor of materials. 2003 -Vendor name changed from ChemGrate to FiberGrate �a0z�or, \X/ UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS permittee shall comply with the following protected species construction conditions: 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. 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. 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. 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. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure 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. 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. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. March 23, 2006 1Sea Turtle and Smalltooth Sawfish Construction Conditions.doc IE 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 fiction of a project, shall be reported immediately to NMFS's Protected Resources i (PRD) at {727 824-5312). b. Reports to NMFS's Protected Resources Division (PRD) maybe made by email to c. Sea turtle and marine mammal stranding/rescue organizations' contact information is av , ilable by region at http://www.nmfs.noaa.gov/pr/health/networks.htm. d. Smalltooth sawfish encounters shall be reported to sharks/sawfish/sawfishencounters.html. e. All work must occur during daylight hours.