The URL can be used to link to this page

Home My WebLink Aboutdep permitFLORIDA DEPARTMENT OF Environmental Protection Southeast District 3301 Gun Club Road, MSC7210-1 West Palm Beach, Fl. 33406 56981-6600 January 8, 2019 Bill Thomas 95 Queens Rd. Hutchinson Island, FL 34949 Sent via e-mail: kimnnardeaenvironmental.com Re: File No.: 56-0323247-002-EE File Name: Thomas Dear Mr. Thomas: REVIEWED Rick Scutt Governor Carlos Lopez-Cantera LL Governor Noah valeastein Secretary RECEIVED JUN 2 7 2019 ST. Lucie County, Permitting FOR CODE COMPLIANCE ST. LUCIE COUNTY BOCC On December 11, 2018, we received your request for verification of exemption to perform the following activity: Install 801n. ft. of seawall and cap 18 inches waterward, wetface to wetface, of the existing seawall in manmade canal, Class III waters, adjacent to 95 Queens Rd., (Section 23, Township 34 South, Range 40 East), in Saint Lucie County (Latitude N 27' 30' 39.89", Longitude W 80° 18' 49.49"). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal review portion of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. 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. If you have any questions regarding this matter, please contact David Kieckbusch at the letterhead address or at 561-681-6646 or David.Kieckbusch(a),floridadep.eov. 1. Regulatory Review — VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051, (12)(b), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site Project No.: 56-0323247-002-EE Project Name: Thomas Page 2 of 5 conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re -verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.sai.usace.army.mit/Missions/Regulatory/Source-Book. 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 letter. 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. Petition for Administrative Hearing 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 Rules 28- 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: Project No.: 56-0323247-002-EE Project Name: Thomas Page 3 of 5 (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, 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. The petition must be filed (received by the Clerk) in 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 Clerknn deu.statefl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). 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. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Project No.: 56-0323247-002-EE Project Name: Thomas Page 4 of 5 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_Clerk@dep.state.fi.us, before the 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 373.4275, 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 Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this action is filed with the Clerk of the Department. EXECUTION AND CLERKING Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION C6,i4 V4N Christopher Weller Environmental Manager Enclosures: Attachment A - Specific Exemption Rule Project Drawings, 5 pages Project No.: 56-0323247-002-EE Project Name: Thomas Page 5 of 5 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 — Chris Weller, David Kieckbusch FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk January 8.2019 Date Attachment A: 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization — (b) The restoration of a seawall or riprap under section 403.813(1)(e), F.S., where: 1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event, such as a storm, flood, accident, or fine or where the seawall or riprap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair and does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I for factors used to determine qualification under this provision; 2. Restoration shall be no more than 18 inches waterward of its previous location, as measured from the waterward face of the existing seawall to the face of the restored seawall, or from the waterward slope of the existing riprap to the waterward slope of the restored riprap; and 3. Applicable permits under chapter 161, F.S., are obtained. 130 S. Indian River Drive �A R D EA ,may s Environmental Consultant p� ___.., Site 202 Fort Pierce, FL 34950 (772) 577-4141 ,, OVtlM6GPYR a Project Site \- ro-��I ILA HN W0323247-002-EE - 0 ~0.35 Or 'AW Bill Thomas�'-�` 95 Queens Road Fort Pierce, FL 34949 Sheet 1 of 5 December 11, 2018 Existing Conditions December 8, 2018 1:884 d 0.01 0.01 0.02 W Cadastral 2017(Property Appraiser Pamela) -Pubm Vww �,,�.�.,,,, , .--TI v, R D EA 13it S. Indian River Drive Suite 202 Fort Pierce, FL 34950 Environmental Consultants (772) 577-4141 / 14,W, n'mm4r Bill Thomas 95 Queens Fort Pierce, FL 34949 0.01 0.01 0.03 lan Sheet 2 of 5 December 11, 2018 >! Existing red v �� mangroves Replace Portion wit51-foot seawall hin 18" of existing seawall Existing 60-foot seawall portion, replaced under exemption 56-0323247-001, to remain 95 Queens Road Not to scale, for permitting purposes only 0. /I 130 S. Indian River Drive Z� " R D EA Fort Pierce, FL 34950 Environmental Consultants (772) 577-4141 Existing 266 SF Dock Existing ��. Existing Boatlift d Existing black/red mangroves 22' Replace 29-foot total seawall k. portion within 18" of existing i seawall Bill Thomas :� ea 3M47. 20 1! 95 Queens Road Fort Pierce, FL 34949 =N Sheet 3 of 5 December 11, 2018 Cross -Section Proposed Work �A R D EA 130 S. Indian River Drive Suite 202 ` Fort Pierce, FL 34950 Environmental Consultants �Y (772) 577-4141 Not to scale, fo Bill Thomas 95 Queens Road (SM333247 O EE I Yvutlnnl ptll„i / Fort Pierce, FL 34944\\�_ !j 1.5' +/- below =a p 3'x3'x6" Pre -Cast Concrete Deadman itting purposes only Sheet 4 of S December 11, 2018 12" x 20" Concrete Cap w (5) #S, 60 KSI Rebar continuous w 18" Overlap CL 9900 Vinyl Sheet Piling #3 Ties, 24" O.C., 3" from outside edge of concrete Seawall Details Below Cap 3' x 3' x 6" Pre -Cast Concrete Deadman 8' ►. L 24' �. J . I . ,:. .. M1�h�t•1M1�4.4� � �_j i'•i:i:i'•i�i::`• u \ #3 stirrup 8'ureturns each end Not to scale, for permitting purposes only i A R D EA 130 5. Indian River Drive Suite 202 .�` Fort Pierce, FL 34950 V q Environmental Consultants (772) 577-4141 C.—.. - - - Concrete Cap & Deadman Poured onsite w 5000 PSI Concrete Concrete Cap CL 9900 Series Shoreguard Sheet Piling Design Wlndload Information Code: FBC 2017 61h ADD/FRC 2017/ASCE 7-10 Wind Speed: 170 MPH, 3 Second Gust Exposure "D" Importance Factor: 1.0 Internal Pressure Coeff.: 0.00 Height: <10 Ft. Mean All Construction Must Meet Applicable Portions of the 2010 FBC and/or the 2008 NEC, Whichever Is More Stringent Bill Thomas 95 Queens Road Fort Pierce, FL 34949 Sheet 5 of 5 %. December 11, 2018 r�fi£�T aFdf ? " ancpcc DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 600 PALM BEACH GARDENS, FLORIDA 33410 Regulatory Division Palm Beach Gardens Section SA J-2014-0 0018 (NWP-RHF ) Bill Thomas 95 Queens Road Fort Pierce, Florida 34949 Dear Mr. Thomas, June 6, 2019 REVIEWED FOR CODE COMPLIANCE ST. LUCIE COUNTY socc Your application for a Department of the Army permit received on December 20, 2018, has been assigned number SAJ-2014-00018(NWP-RHF). A review of the information and drawings provided shows the proposed work includes the installation of a total of 80-linear feet (51-linear feet at the south end and 29-linear feet at the north end) of vinyl sheet pile with a 20-inch wide concrete cap within 18-inches of the existing wall. The project is located in the waters of the United States within a residential canal adjacent to 95 Queens Road, in Section 23, Township 34 South, Range 40 East, Fort Pierce, St. Lucie County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 13 for the work associated with the seawall. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2022. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 82, dated January 6, 2017, specifically pages 1983 to 2008, and the table of Regional Conditions. The Internet page address is: hftp://www.sam.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on "Source Book"; and, then click on "Nationwide Permits." These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 13. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event s,a you have not completed construction of your project within the specified time limit, a separate application or re -verification may be required. The following special conditions are included with this verification: Self -Certification Statement of Compliance: Within 60 days of completion of the work authorized, the enclosed "Self -Certification Statement of Compliance" (Attachment B) must be completed and submitted to the U.S. Army Corps of Engineers. Email the completed form to: SAJ-RD- Enforcement@usace.army.miI or mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410. 2. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground -disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without -3- written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. 3. Project Design Criteria (PDCs) for In -Water Activities: The Permittee shall comply with National Marine Fisheries Service's "PDCs for In -Water Activities" dated November 20, 2017 (Attachment C). 4. Daylight Hours: All activities must be completed during daylight hours. 5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment D). Assurance of Navigation and Maintenance: 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 or alteration. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic -4- amounts in accordance with Section 307 of the Clean Water Act. 8. Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated August 12, 2013, as provided in Attachment E of this permit. All gopher tortoise burrows, active or inactive, shall be evacuated prior to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a Florida Fish and Wildlife Conservation Commission (FWC) Authorized Gopher Tortoise Agent permit. The excavation method selected shall minimize the potential for injury of an indigo snake. The Permittee shall follow the excavation guidance provided in the most current FWC Gopher Tortoise Permitting Guidelines found at http://myfwc.com/gophertortoise. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work. This authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this RGP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state- owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. You should check State -permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This authorization does not include conditions that would prevent the 'take' of a state - listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.coWicense/wildlifen for more information, including a list of those fish and wildlife species designated as species of special concern or -5- threatened. The Florida Natural Areas Inventory (http://www.fnai.orgn also maintains updated lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Trey Fraley by telephone at 561-472-3526. Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, Tr/ ey Fraley Project Manager Enclosures Attachment A: Drawings Attachment B: Self -Certification Attachment C: JaxBO PDC's for In -water Activities Attachment D: Standard Manatee Conditions for In -Water Work — 2011 Attachment E: Standard Protection Measures for the Eastern Indigo Snake, 2013 Copies Furnished: Kim Colstad, Ardea Environmental Consultants GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 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 of 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 in the space provided 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. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative 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. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2014-00018(NWP-RHF) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) 'A R D EA 130 S. Indian River Drive � Suite 202 Fort Pierce, FL a47J Environmental Consultants f � (772)577-4141 rN I _ y Oue"Is cove Project Site \- Bill Thomas 95 Queens Road Fort Pierce, FL 34949 1:16,056 a 0225 0.0 a 9.as ar Sheet 1 of 5 December 11, 2018 Existing Conditions Deoamber 6, 2016 1:664 Catladra12017(Property APpnlaer Parcels) -Public View aer a.ot e.02 mi a a6r aor a.aa sm �AA R D EA 130 S. Indian River Drive \ Suite 202 Fort Pierce, FL 34950 rlfl U Environmental Consultants (772) 577-4141 Bill Thomas 95 Queens Road Fort Pierce, FL 34949 Sheet 2 of 5 December 11, 2018 i ci J Existing red mangroves Replace 51-foot seawall Portion within 18" of existing seawall Existing 60-foot seawall portion, replaced under exemption 56-0323247-001, to remain 95 Queens Road Not to scale, for permitting purposes only I� D �� 130 S. Indian River Drive Suite 202 Fort Pierce, FL 34950 Environmental Consultants (772) 577-4141 Existing 266 SF Dock and Lifts to remain Existing /�. Existing .6 Existing black/red I mangroves i 22' r Replace 29-foot total seawall portion within 18" of existing i seawall Bill Thomas 95 Queens Road Fort Pierce, FL 34949 Sheet 3 of S December 11, 2018 Cross -Section Proposed Work 12" x 20" concrete ca -MLWL CL 9900 Vinyl Sheet Piling to be Vibro Hammer Driven <18 inches A R D EA 1uite Indian River Drive Suite 202 �y Environmental Consultants Sort Pierce, FL 34950 _ (772) 577-4141 1.5' +/- below cap 3'x3'x6" Pre -Cast Concrete Deadman Existing wall to be removed after new wall installed Not to scale, for permitting purposes only Bill Thomas 95 Queens Road Fort Pierce, FL 34949 Sheet 4 of 5 December 11, 2018 rev. January 31, 2019 12" x 20" Concrete Cap w (5) #5, 60 KSI Rebar continuous w 18" Overlap CL 9900 Vinyl Sheet Piling #3 Ties, 24" O.C., 3" from outside edge of concrete T e`Od w Mfn � D .... ... n4rech a%qeo 8' � 7e Seawall Details 1.5' +/- !low Cap A F n Concrete Cap & Deadman Poured onsite w 5000 PSI Concrete Concrete Cap 3' x 3' x 6" Pre -Cast I CL 9900 Series Shoreguard Sheet Piling Concrete Deadman I I I I I I t_ .a. J _ I _ _ itiiii.`•.ir• 'r.r.r.r.r.iy 1 I \ g3 Stirrup 8'returns each end Not to scale, for permitting purposes only YEA R D A.,. Sit 5. Indian River Drive Site 202 Fort Pierce, FL 34950 q Environmental Consu(772) 577-4141 — -' Y. rnamte, exposed ed Design Windload Information Code: FBC 2017 6'h ADD/FRC 2017/ASCE 7-10 Wind Speed: 170 MPH, 3 Second Gust Exposure "D" Importance Factor: 1.0 Internal Pressure Coeff.: 0.00 Height: <10 Ft. Mean All Construction Must Meet Applicable Portions of the 2010 FBC and/or the 2008 NEC, Whichever Is More Stringent Bill Thomas 95 Queens Road Fort Pierce, FL 34949 Sheet 5 of 5 December 11, 2018 SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2014-00018(NWP-RHF) Permittee's Name & Address (please print or type): Telephone Number: Location of the Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Full Name of Permittee (printed or typed) Date U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities November 20, 2017 1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site project personnel are responsible for observing water -related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA -listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected resources/section 7/threatened endangered/in dex.html 2) (AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1- 877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. 3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment. i) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in -water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (hftp://www.fisheries.noaa.gov/pr/shipstrike . iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow - riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species' entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. 5) (APA 1.) Entanglement: All turbidity curtains and other in -water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. a) In -water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in - water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in -water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area. 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 Florida Fish and Wildlife Conservation Commission (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 ImoeriledSoecies(")a myFWC.com f. 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 FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/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. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. CAUTION: MANATEE HABITAT 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: 's 1-888-404-FWCC (3922) cell * FWC or #FWC STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE U.S. Fish and Wildlife Service August 12, 2013 The eastern indigo snake protection/education plan (Plan) below has been developed by the U.S. Fish and Wildlife Service (USFWS) in Florida for use by applicants and their construction personnel. At least 30 days prior to any clearing/land alteration activities, the applicant shall notify the appropriate USFWS Field Office via e-mail that the Plan will be implemented as described below (North Florida Field Office: jaxreesnafws.gov; South Florida Field Office: verobeachAfws.gov; Panama City Field Office: panamacitv(a s.gov). As long as the signatory of the e-mail certifies compliance with the below Plan (including use of the attached poster and brochure), no further written confirmation or "approval' from the USFWS is needed and the applicant may move forward with the project. If the applicant decides to use an eastern indigo snake protection/education plan other than the approved Plan below, written confirmation or "approval' from the USFWS that the plan is adequate must be obtained. At least 30 days prior to any clearing/land alteration activities, the applicant shall submit their unique plan for review and approval. The USFWS will respond via e- mail, typically within 30 days of receiving the plan, either concurring that the plan is adequate or requesting additional information. A concurrence e-mail from the appropriate USFWS Field Office will fulfill approval requirements. The Plan materials should consist of: 1) a combination of posters and pamphlets (see Poster Information section below); and 2) verbal educational instructions to construction personnel by supervisory or management personnel before any clearing/land alteration activities are initiated (see Pre -Construction Activities and During Construction Activities sections below). POSTER INFORMATION Posters with the following information shall be placed at strategic locations on the construction site and along any proposed access roads (a final poster for Plan compliance, to be printed on I I" x 1 " or larger paper and laminated, is attached): DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above -ground ref igia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. PROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and allow the live eastern indigo snake sufficient time to move away from the site without interference; • Personnel must NOT attempt to touch or handle snake due to protected status. • Take photographs of the snake, if possible, for identification and documentation purposes. • Immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • Take photographs of the snake, if possible, for identification and documentation purposes. • Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. Telephone numbers of USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office— (772) 562-3909 1. The applicant or designated agent will post educational posters in the construction office and throughout the construction site, including any access roads. The posters must be clearly visible to all construction staff. A sample poster is attached. 2. Prior to the onset of construction activities, the applicant/designated agent will conduct a meeting with all construction staff (annually for multi -year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational brochure including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to make available in the onsite construction office (a final brochure for Plan compliance, to be printed double -sided on 8.5" x I I" paper and then properly folded, is attached). Photos of eastern indigo snakes may be accessed on USFWS and/or FWC websites. 3. Construction staff will be informed that in the event that an eastern indigo snake (live or dead) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Field Office. The contact information for the USFWS is provided on the referenced posters and brochures. 1. During initial site clearing activities, an onsite observer may be utilized to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example: discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows). 2. If an eastern indigo snake is discovered during gopher tortoise relocation activities (i.e. burrow excavation), the USFWS shall be contacted within one business day to obtain further guidance which may result in further project consultation. 3. Periodically during construction activities, the applicant's designated agent should visit the project area to observe the condition of the posters and Plan materials, and replace them as needed. Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen. Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion. The report can be sent electronically to the appropriate USFWS e-mail address listed on page one of this Plan. ATTENI.ON: THREATENED EASTERN INDIGO SNAKES MAY BE PRESENT ON THIS SITE!!! IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: Cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site without interference. Personnel must NOT attempt to touch or handle snake due to protected status. Take photographs of the snake, if possible, for identification and documentation purposes. Immediately notify supervisor or the applicant's designated agent, and the appropriate U.S. Fish and Wildlife Service (USFWS) office, with the location information and condition of the snake. If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: Cease clearing activities and immediately notify supervisor orthe applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. Take photographs of the snake, if possible, for identification and documentation purposes. Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office —(850) 769-0552 South Florida Field Office — (772) 562-3909 Killing, harming, or harassing indigo snakes is strictly prohibited and punishable under State and Federal Law. DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above- ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 -12 white eggs as early as April through June, with young hatching in late July through October. PROTECTION: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. Augur 12, 2013 IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site without interference. • Personnel must NOT attempt to touch or handle snake due to protected status. • Take photographs of the snake, if possible, for identification and documentation purposes. • Immediately notify supervisor or the applicant's designated agent, and the appropriate U.S. Fish and Wildlife Service (USFWS) office, with the location information and condition of the snake. • If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • Take photographs of the snake, if possible, for identification and documentation purposes. • Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida ES Office — (904) 731-3336 Panama City ES Office — (850) 769-0552 South Florida ES Office —(772) 562-3909 DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above- ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. Killing, harming, or harassing indigo snakes is strictly prohibited and punishable under State and Federal Law. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section I0(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. LEGAL STATUS: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. August 12, 2013 ATTENTION: THREATENED EASTERN INDIGO SNAKES MAY BE PRESENT ON THIS SITEM tr.. Photo: NrOevenson Please read the following information provided by the U.S. Fish and Wildlife Service to become familiar with standard protection measures for the eastern indigo snake. 130 S. Indian River Drive �A S 202 R D EA Suite Fort Pierce, FL 34950 d Environmental Consultant: (772) 577-4141 i t RECEIVED JUN 2 7 L:'3 sr. Lucie county, Permitting i, g l „ OuemsCwe Project Site \. 1402 Hartman Road f Fort Pierce, FL 34947 s 0323247-002-ee o Bill Thomas 95 Queens Road Fort Pierce, FL 34949 -4 v 7° rm< iO3 0 M Fn 0 M 0Or� C D O Z m z Ml i:ie.oss OM UAS 00. 0,35 0.7 r i FFm Sheet 1 of 5 December 11, 2018 N Existing Conditions 'J Gdntml 2017(Property Appraiser Parcels- Public View •'�'•"""' _ ° :�0 0A1 0.01 ambn 14uz Hartman Read Y ^m• r R D EA 130 S. Indian River Drive Fen Pierce, FL 3494$Ill Thomas, eaoa�sza-oozes Suite 202 ""� °` Sheet 2 of 5 1') Fort Pierce, FL 34950 95 Queens Road';. December 11, 2018 ( , , Enriromn.nal Gnsula� (772) 577-4141 Fort Pierce, FL 34949 ` 03 0 0 0 0 0� vm me 0* 3m �v r .n >0 0� I CI j- >' Existing red v;� mangroves Replace 51-foot Portion wisely 1$„ of eseawall t ng wall i Existing 60-foot seawall portion, replaced under exemption 56-0323247-001, to remain 95 Queens Road Existing 266 SF Dock j�and Lifts to remain /jl Boatlift Existing black/red mangroves 22• M Replace 29-foot total seawall i !rao �t iq thin 18" of existing Dan Paul RetRoMord, all Not to scale, for permitting purposes only P.E.ff72451 1402 Hartman Road ' Yi�1 D �� 130 S. Indian River Drive Fort Pierce, FL 3494bIII Thomas Suite zoz »ouax.raoz-� Sheet 3 of 5 Fort Pierce, FL 34950 95 Queens Road _ �.., December 11, 2018 C�� Environm�nal Conw (772) 577-4141 Fort Pierce, FL 34949 "MM `MLV 0 —1 v rm< c nnm 00-0v 0r-n ZZO 40 zM Cross -Section Proposed Work .5' +/- below a 3'x3'x6" Pre -Cast Concrete Deadman _J l9 Daniel Paul Re ord, P.E.#72451 Not to scale, for„permitting purposes only YiA R D EA 130 S. Indian River DA4rt Pie man Road Bill Thomas Suite 202 Fort Pler e, FL 34947 xwxaza ;) Sheet 4 of 5 Fort Pierce, FL 34950 95 Queens Road ,,,,,,_„v,,,,, - Environmoneal ConsfA nts December 11, 2018 ��1 (772) 5nA141 Fort Pierce, FL 34949_',,7' e;' 12" x 20" Concrete Cap w (5) #5, 60 KSI Rebar continuous w 18" Overlap CL 9900 Vinyl Sheet Piling #3 Ties, 24" O.C., 3" from outside edge of concrete TierGo Min. n, O 3. nut ecA ei,,ad 8' #3 Stirrup 8'returns Not to scale, for permitting purposes only 130 S. Indian River Drive �A RRsTsuA Suite 202 -Tj20 Environmeltants Fort Pierce, FL 34950 (772) 577-4141 0 0 a w Concrete Cap & Deadman Poured onsite w S000 PSI Concrete %" chamfer exposed edl Design Windload Information Code: FBC 201761h ADD/FRC 2017/ASCE 7-10 Wind Speed: 170 MPH, 3 Second Gust Exposure "D" Importance Factor: 1.0 Internal Pressure Coeff.: 0.00 Height: <10 Ft. Mean All Construction Must Meet Applicable Portions of the 2010 FBC and/or the 2008 NEC, Whichever Is More Stringent Blii Thomas t 5s 323247m2 1402Hartmarr�t,,�_ee Fort Pierce, F��•'t wens Road "".. " Fort Pierce, FL 34949 Sheet 5 of 5 December 11, 2018