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Home My WebLink AboutLETTER ABOUT AUTHORIZATIONS�� pePart� i a0 r 4 : a ... ,lbehtal P`° Florida Department of Rick Scott Governor Environmental Protection Carlos Lopez -Canters Southeast District Office ; Lt. Governor 3301 Gun Club Road, MSC 7210-1 tCANNED Noah Valenstein West Palm Beach, Florida 33406 BY Secretary 561-681-6600 ppp pg�, Remy Moorhead 1.0301 S: Indian River Drive Fort Pierce, Florida 34982 Sent -via e-mail: danna@DLSenviromnentalservic6s.com Re: File No.: 56-204162-003-EG . File Name: Moorhead Dear Mr. Moorhead: RECEIVED AUG 15 2018 ST. Lucie County, Permitting This is . to acknowledge receipt of your notice on July 2, 2018 to use a General Permit (GP)-, pursuant to Rule 62-330.427, Florida Administrative Code (F.A.C.) to construct a '2,000 sq. ft. dock consisting of a 4 ft. by 460 ft. (1,840 sq. ft.) access walkway and a 10 ft. by 16 ft. (160 sq. ft.) terminal platform, with two associated boatlifts. The project is located in the Indian. River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters,. Class III Waters, adjacent to 10301 S. Indian River Drive, Fort Pierce (Section 29, Township 36 South, Range 41,East), in St. Lucie County (Latitude N 27' 18' 54,37", Longitude W 809 15' 45.07"). Your intent to use a general permit has been reviewed by Department staff for three types of authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned Submerged lands), and (3) federal authorization. The authority for review and the outcomes of the. reviews are listed below. Please read.each section carefully. Your project qualifies for all three. authorizations. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. 1. Regulatory Review. — APPROVED Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Wvw. dep.state. fl. us rwO,- P File No.: 56-204162-uus-EG File Name: Moorhead Page 2 of 5 Based, on the forms, drawings, and documents submitted with your notice, it appears that the project meets the requirements for the General Permit under Rule 62-330.427, F.A.C. Any activities .performed under a general permit are subject to general conditions required in Rule 62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.427, F.A.C. (attached). Any deviations from these conditions may subject the permittee to enforcement action and possible penalties. Please be advised that the construction phase of the GP must be completed within five years from the date the notice to use the GP was received by the Department. If you wish to continue this GP beyond the expiration date, you must notify the Department at least 30 days before its expiration. 2. Proprietary Review — GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-18, 18-20 and 18-21 of the Florida Administrative Code. The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the .need to obtain the applicable' proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for a Letter of Consent under rule 18-21.005(1)(c), F.A.C. and section 253.77 of the Florida Statutes to construct and use the activity on the specified sovereign submerged lands, as long as the work performed -is located within the boundaries as described herein and is consistent with the terms and conditions herein. No further application is required for this consent of use. ing the term of this Letter of Consent -you shall maintain satisfactory evidence of sufficient and interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such rest is terminated or. the Board of Trustees determines that such interest did not exist on the of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board 'rustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. 1. Federal Review — SPGP APPROVED Your proposed activity as. outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V, and a separate permit or authorization will not be required from the. Corps. Please note that the Federal authorization expires m July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special ;onditions that may apply to your project." A copy of the SPGP V with all terms and conditions ind the General Conditions may be found at File No.: 56-204162-66-EG . File Name: Moorhead Page 3 of 5 Authority for review an 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 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this general permit. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative, hearing is timely filed under Sections 120.569 and 120.57, F.S.; before the deadline for filing a petition.. On the filing of a timely and sufficient petition, this action will not be final and effective until further order 'of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. A.person whose substantial interests are affected. by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 2& 106.201, F:A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, 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 the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency'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 specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect.to the agency's proposed action. e petition must be filed (received by the Clerk) in the Office of General Counsel of the partment at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, via electronic correspondence at Agency Clerk@dgp.state.fl.us.. Also, a copy of the petition ill be mailed to the applicant at the address indicated above at the time of filing. File No.: 56-204162-003-EG File Name: Moorhead Page 4 of 5 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 14 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 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however,. my person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at. Agency_ Clerkgdep.state.fl.us, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. . Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 37.3.4275, F.S., may also seek appellate review of this order before. the Land and Water. Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to' Section.120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal: The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. File No.: 56-204162-003-EG File Name: Moorhead Page 5 of 5 If you revise your project after submitting the initial joint application, please contact us as soon as possible. Also, if you have any questions; please contact Portia Caldwell at the letterhead address or at (561) 681-6630 or by email at Portia.R.Caldwell(cr�,dep.state.fl.us. When referring to this project, please use the FDEP file number listed above. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Portia Caldwell Environmental Specialist II Southeast District Attachment(s): General Conditions for All General Permits, Ch. 62-330.405, F.A.C. Specific General Permit Rule, Ch. 62-330.427, F.A.C. General Consent Conditions for the use of Sovereignty Submerged Lands General Conditions for the use of the Federal SPGP V Project Drawings, 5 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments. were sent on the filing date below to the following listed persons:- FDEP — Monica Sovacool, Portia Caldwell FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., receipt of which is hereby acknowledged. 1z'2 July 27, 2018 C erk Date with the designated Department Clerk, 62-330.405 General Conditions for All General Permits The following general permit conditions are binding upon the permittee and are enforceable under Chapter 373, F.S. These conditions do not apply to the general permit in Section 403.814(12), F.S: (1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. (3) This general permit does not convey to the permittee or create in the permittee any properly right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit. (4) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that violates state water quality standards. (5) Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state-owned lands. (6) The authorization to conduct activities under' a general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S. (7) This permit shall not be transferred to a third party except pursuant to Rule 62-330.340, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located. (8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit. (9) The permittee shall maintain any permitted.project or activity in accordance with the plans submitted to the Agency and authorized in this general permit. (10) A permitee's right to conduct a specific activity under this general permit is authorized for a duration of five years. (11) Activities shall be conducted in a manner that does not cause or contribute to'violations of state water quality standards. Performance -based erosion- and sediment control best management practices shall be implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), .available at www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionsedimentmanual_6_07.pdf, and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors- manual.pdf. .(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non -earthen construction mats. In all cases, access in wetlands shall comply with the following: (a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having'a diameter 4 inches or greater at breast height; (b) The maximum width of the construction access area shall be limited to 15 feet; (c) All mats shall be removed within 72 hours after the work commences; and (d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance -or repair is completed. (13) Barges -or other work vessels used to conduct in -water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities: (14) The construction; alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body. (15) Except where specifically authorized in a. general permit, activities must not: (a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; (b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or (16) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project.site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department, of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked Human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (17) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria (18) The permittee shall comply with the following when performing work within waters accessible to federally- or state - listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon: (a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the work area and where the draft of the vessels provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. (b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. (c) All in -water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in -water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving, All on -site project personnel are responsible for observing'water-related activities for the presence of listed species. (d) Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@inyFWC.com. (e) Whenever there is a spill'or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out. (19) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the general permit. (20) The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate. Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429, 403.814(1) FS. History —New 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-13. 62-330.427 General Permit for Docks, Piers and Associated Structures. (1) A general permit is granted to any person to construct, extend, or remove a dock or pier and associated structures as described below: (a) A private, single-family pier or dock.with up to two boat lifts that, together with all existing structures on the shoreline of the .property, does not exceed a total area of 2,000 square feet over surface waters. Such a structure: 1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat lift. Solely for purposes of this general permit, up to two personal watercraft as defined in section 327.02(33), F.S., may be moored in lieu of either or both allowable vessels of another type. These limits shall not apply to the mooring, storage or other use -of the dock or pier by: a. Non -motor -powered vessels less than 16 feet in length that are stored on or under the dock or pier, or within an authorized mooring area; or b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a larger parent vessel that is moored'at the dock in compliance with this general permit. 2. Shall be located such that all areas used for vessel mooring and navigational access already provide a minimum depth of two feet below the mean low water level for tidal waters, or two feet below the expected average low water depth for non -tidal waters as determined based on best available information for the water body at the project location; and 3. May include a- roof over the vessel mooring areas, boat lifts, and term'inal-platform, or any portions thereof, subject to the applicable provisions of chapters 253 and 258,.F.S., and the rules adopted thereunder. Portions of such roofs that .overhang beyond the edge of decked portions of the pier or dock shall be included in the calculation of the total square footage of over -water structure allowed under paragraph (1)(a), above. (b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state "No Boat Mooring Allowed." (2) This general permit shall be subject to the following specific conditions: (a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are"maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves; (b) There shall be no structures enclosed by walls, screens, or doors on any side; (c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial purpose; (d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit; (e) This general permit shall not authorize the construction or extension of more than one dock or pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property; and (f) Notwithstanding any other provisions of this general permit, the design, construction and operation of the dock or pier and associated vessels shall not conflict.with any manatee protection plan approved and adopted under section 379.2431(2)(t), F.S. Rulemaktng Authority 373.026(7), 373.043, 373.118(1); 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History —New 10- 3-95, Formerly 62-341.427, Amended 10-1-13, 6-1-18. GENERAL CONSENT CONDITIONS FOR USE OF SOVEREIGNTY SUBMERGED LANDS Any use of sovereignty, submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S. 1. Sovereignty 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 submerged lands unless cured to thesatisfaction of the Board of Trustees. 2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty 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, suspend_ ed or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-1.4, 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 of Trustees and;the State of Florida from all claims, actions, lawsuits. and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty 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 of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or, waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing .the unenforced or waived provision in the event of a 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 of Trustees 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 of Trustees in enforcing the terms and conditions ofthe 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 of Trustees 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 thatprohibits the activity. 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. Further 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. 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. 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. t Department of the Army Permit Transfer for SPGP V PERMITEE: PERMIT NUMBER: ADDRESS/LOCATION OF PROJECT: DATE: (Subdivision) (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 AM 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 compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post -Office Box 4970, Jacksonville, FL 32232-0019. 61 (Transferee Signature) (Name Printed) (Street address) (Mailing address) (City, State, Zip Code) (Date) STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended 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 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. - b: All vessels associated with the construction project shall 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. c. Siltation or turbidity 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 must not impede manatee movement. d. 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. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-3922. 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, and to FWC at ImperiledSaecies0_mvFWC.com 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. Temporary signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" 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. Questions concerning these signs can be sent to the email address listed above. u +i...d dL..,% tl O t3 MANATEE. . All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in -water activities must SHUT DOWN. Report any collision with or injury to a manatee: Wildlife alert: 1-888-404-FWCC (3922) cell * FWWC or #FWC % � ` e St)ITES 00W 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 The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence.of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, . harassing, or killing sea turtles or smalltooth sawfish, which .are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d: All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging 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. 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. h. 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). i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to takereport.nmfsser@noaa.gov. j. Sea turtle and marine stranding/rescue organizations' contact information- is available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm.' k. Smalltooth sawfish encounters shall be reported to http•//www flmnh ufl edu/fish/sharks/sawfish/sawfishencounters.htmi. 1. All work must occur during daylight hours. y ..p AlMOgp aq�s� Sy -%-A :PROJECTSITE7ti a, F L Q D A Uer, Park 42 . U C I E g Waltan w Z - ----------- q Ndi Ih Fork'St. X ...... C666 River— ....... . ST LUCIE COUNTY JL7 Qn- IN 29, TOWNSHIP 36 SOUTH, RANGE 41 EAST Environmental Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 ione: 772-216-3997 Fax: 772-879-4620 www.dlsenvironmentalservices.com SCALE: N.T.S. I N Location Map Remy B. Moorhead 10301 S. Indian River Drive. Fort Pierce, Florida PCN# 3529-701-0001-000-2 JUNE 2018 SHEET 4 of 4 NOTES: 1. RES( 2. SEE I V* w Permit Number � � r 56-204162-003—EG ►o Southeast Dist o ?4 SURVEY PERFORMED ON 6/18/18 BY DLS ENVIRONMENTAL SERVICES T I FOR RESULTS OF SEAGRASS SURVEY Environmental Services,, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 772-215-3997 Fax:772-879-4520 y tS0 2016 Aerial Remy B. Moorhead 10301 S. Indian River Drive Fort Pierce, Florida PCN# 3629-701-0001-000-2 SCALE NX.S. JUNE 2018 1 SHEET 2 of 4 MOORING AREA WITH MOORING. AREA WITH 13'± X 13'± BOAT LIFT N 13'± X 13'± BOAT LIFT 1 INDIAN RIVER 1 WATERBODY WIDTH \ 11,200'± 1 1 AIN 1 . -2.7' -2, -27�V ' , 1 4'X460'ACCESS • WATERWARD OF MHW 1' 1 ` 1 (450' WITH ROPE OR FIXED HANDRAILS) 2 '�. -1' NOTES: 1. ELEV 2. PRC 3. REE 4. ALL 5. ALL 6. VES 1 �•1• 1 �• 1 1 1 \ 1 1 \ APPROXIMATE \ \ RIPARIAN LINE \ \ \ 0 E IV \ ® 1 4 Permit Number 1 56-204162-003= p Southeast District 9, O �•LVaS' �1�' 1 • 1 _ 1 1 \ 1 \ TURBIDITY 460 , CURTAIN APPROXIMATE 1 1 RIPARIAN. LINE 1 I \ APPROXIMATE 1 MEAN HIGH WATER LINE 1 1 1 1 1 1 1 \ \ LINE 4SNGTHQr L SNORE11tLF' )N DATUM IS MLW I I -1.33 NAVD MHW =-0.33 NAVD. :D DOCK STRUCTURE TOTALS 2,000 SQ. FT. WATERWARD OF MEAN HIGH WATER ,E SURVEY PERFORMED ON 6/18118 BY DLS ENVIRONMENTAL SERVICES C PILINGS TO BE P.T. PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL UNG TO BE 2° X 6° WITH 1/2' SPACING BETWEEN DECK BOARDS SHALL MAINTAIN 1' OF CLEARANCE BETWEEN THE DEEPEST DRAFT OF THE VESSEL AND THE TOP OF THE RESOURCES (SUBSTRATE) .Environmental S ervices, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 772-215-3997 Fax:772-879-4520 Proposed Plan. View Remy B. Moorhead 10361 S. Indian River Drive Fort Pierce, Florida PCN# 3529-701-0001-000-2 SCALE 1" = 30' 1 1 JUNE 2018 SHEET 3 of 4 4' x 460' ACCESS ROPE OR FIXED HAND RAIL ALONG 450' OF ACCESS BREAK LINE —� I I _ LANDWARD _ \ \ \ 10, '�. Permit Number 56-204162-003-EG P Southeast (District y O y 'avis- NOTES: �! 1. ELEVATION DATUM IS MLW MLWIIT -1.33 NAVD MHW = -0.33 NAVD. 2. PROPOSED DOCK STRUCTURE TOTALS 2,000 SQ. FT. WATERWARD OF MEAN HIGH WATER 3. RESOUR, CIE SURVEY PERFORMED ON 6118118 BY DLS ENVIRONMENTAL SERVICES 4. ALL 09PK PILINGS TO BE P.T. PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL 6. ALL DE#KING TO BE T X 6° WITH V2° SPACING BETWEEN DECK BOARDS. 6. VESSELS SHALL MAINTAIN I'OF CLEARANCE BETWEEN THE DEEPEST DRAFT OF THE VESSELAND THE TOP OF THE RESOURCES (SUBSTRATE) v fll Overall Cross Section View Environmental ti! T Remy B. Moorhead II Services, Inc. 10301 S. Indian River Drive �1901 SW Yellowtail Avenue Fort Pierce, Florida II Port Saint Lucie,,FL 34953 PCN# 3629-701-0001-000-2 Phone:772-215-3997 Fax:772-879-4520 wvvw.dlsenvironmentalservices.com SCALE 1" = 20' JUNE 2018 SHEET 4 of 4 pl 0 i -2' ""' L ` MOUrwiG AREA WITH 13'± X 13'± BOAT LIFT JIM i INDIAN RIVER BARREN i WATERBODY WIDTH i .11,200'± i MOORING AREA WITH 13'± X 13'± BOAT LIFT _ BARREN 16 i 10 i 1 BARREN 1 Syringodium fillfonne <1% coverage i Syringodium filiforme i <1 % coverage BARREN i i BARREN i Hatodule wrighfii i 1 % - 5% coverage APPROXIMATE i RIPARIAN LINE i i i BARREN Syringodium filiforme j <1%coverage i Syringodium filifonnei �.� <1%coverage Halophilgjohosdm' i 2% _1 i BARREN �t 1 461 BARREN i I APPROXIMATE i RIPARIAN LINE Hatodule wrightii i 1 % - 5% coverage i i ^_APPROXIMAT i Hatodule wrightii i 1%-5%coverage 9 rrvLPertn RE er 56-20416-003-EG ,9 Soutl as strict y O � �® ?yV IS- MEAN HIGH WATER LINE Halodule w ightff i 1% - 50/6 coverage i i i BARREN , EL1NE ,1yGTN SNOB 11��LF• NOTES: 11 1. ELEVA ION DATUM IS MLW , ML 7 -1.33 NAVD MHW = -0.33 NAVD. 2. RESOI RCE SURVEY PERFORMED ON 6/18/18 BY DLS ENVIRONMENTAL SERVICES Environmental I iu� Services,, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie; FL 34953 Ph ne:772-215-3997 Fax:772-879-4520 disenvironmentalservices.com SCALE 1" = 30' Resource Survey Remy B. Moorhead 10301 S. Indian River Drive Fort Pierce, Florida PCN# 3529-701-0001-000-2 JUNE 2618 1 EXHIBIT I