HomeMy WebLinkAboutDEPT OF ENVIORNMENTAL PROTECTION PAPERWORKFLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL33406
561-681-6600
January 29, 2019
Jorge Brache
23 Sovereign Way
Hutchinson Island, FL 34949
Sent via e-mail: kim17a,ardeaenvironrnental.com
Re: File No.: 56-0371972-001,002,003,004-EE
File Name: Brache-McCrea D/S/L
Dear Mr. Brache,
RanDeSantls
Governor
Jeanette Nofiez
Lt. Governor
Noah Valensteln
Secretary
FEB 12 2019
ST. Lucie County, Permitting
SCANNED
SY
St, Lucie Counfy
On January 7, 2019, we received your request for verification of exemption to perform the
activities: (a) install a 433 ft2 dock in place of existinia 572 ft2 dock. (b) install one boatlifl
excavate bft x 18ft(108ft2)%om uplands to create; a p`arha`I slip. n Garfield Cut, Class III Waters,
adjacent to 23 Sovereign Way, Hutchinson Island (Section 14, Township 34 South, Range 40 East), in
Palm Beach County (Latitude N 27' 30' 51.22", Longitude W 80° 18' 57.94").
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 qualities 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.
If you have any questions regarding this matter, please contact David Kieckbusch at the letterhead
address or at 1-561-681-6646 or David.Kieckbusch n,floridaden.¢ov .
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed are
exempt, under Chapter 62-330.051, (5)(b) & (12)(b), Florida Administrative Code from the need to
obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L,
Page 2 of 5
Based on the information submitted, the Department has determined that the upland excavation of
10W (28 yd3) to create a partial slip is exempt, under Section 373.406(6) of the Florida Statutes,
from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This
determination is made because the activity, in consideration of its type, size, nature, location, use, and
operation, is expected to have only minimal or insignificant individual or cumulative adverse impacts
on the water resources.
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
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 - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V-Rl, and a SEPARATE permit or
authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if
provisions of Special Condition 19 of the SPGP V-Rl pemrit instrument are met. You, as pemzittee,
are required to adhere to all General Conditions and Special Conditions that may apply to your
project. Special conditions required for your project are attached. A copy of the SPGP V-Rl with all
terms and conditions and the General Conditions may be found at
https://www.sai.usace. anny.mil/Missions/Regulatorv/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
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 3 of 5
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:
(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_Clerk@dep.state.fl.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).
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 4 of 5
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.
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.fl.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.
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 5 of 5
EXECUTION AND CLERKING
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
11 4 W�N
Christopher Weller
Environmental Manager
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP V-Rl
General Conditions for Federal Authorization for SPGP V-Rl
Project Drawings, 8 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 — Chris Weller, David Kieckbusch
Kimberly Colstad, kim(a,ardeaenvironrnental.com
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.
8't'4a.JXat
0
Clerk
January 29, 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.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work-
-- - (b) Installation of private docks, piers, and recreational doing facilities, and installation of local governmental piers
and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This includes associated structures such
as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other
surface waters does not exceed the limitations in section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those
associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of
65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case
there may be one exempt dock allowed per parcel or lot.
(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 fire 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.
Chapter 373.406 Exemptions. —The following exemptions shall apply:
(6) Any district or the department may exempt from regulation under this part those activities that
the district or department determines will have only minimal or insignificant individual or cumulative
adverse impacts on the water resources of the district. The district and the department are authorized
to determine, on a case -by -case basis, whether a specific activity comes within this exemption.
Requests to qualify for this exemption shall be submitted in writing to the district or department, and
such activities shall not be commenced without a written determination from the district or
department confirming that the activity qualifies for the exemption
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 7 of 5
Special Conditions for Federal Authorization for SPGP V-R1
Note: JAXBO (Jacksonville District's Programmatic Biological Opinion), referenced throughout,
may be found online in the Jacksonville District Regulatory Division Sourcebook, or at
http://cdml 6021.contentdm.ocic.org/utils/getfile/collection/pl 6021 co113/id/577.
The SPGP-V-RI instrument -and all attachments may be found online through the Sourcebook, or at
https://wsvw.saj.usace.annv.mil/SPGP/
In addition to the conditions specified above, the following Special Conditions apply to all projects
reviewed and/or authorized under the SPGP V-Rl.
Special Conditions for All Proiects
1. Authorization, design and construction must adhere to the terms of the SPGP V-Rl instrument
including the Procedure and Work Authorized sections.
2. Design and construction must adhere to the PDCs for In -Water Activities (Attachment 6, from
PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).
3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).
4. For all projects involving the installation of piles or sheet piles, the maximum number of piles,
sheet piles or concrete slab walls or boatlift I -beams installed by impact hammer per day is limited to
no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not
authorized (Reference: Categories D and E of JAXBO PDCs for In -Water Noise from Pile and Sheet
Pile Installation, page 86.).
5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior
approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).
6. Notifications to the Corps. For all authorizations under this SPGP V-Rl, including Self -
Certifications, the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. Within 10 days before the date of initiating the work
authorized by this permit or for each phase of the authorized project, the Permittee shall
provide a written notification of the date of commencement of authorized work to the
Corps.
b. Corps Self -Certification Statement of Compliance form. Within 60 days of completion of
the work authorized by this permit, the Permittee shall complete the "Self -Certification
Statement of Compliance" form (Attachment 32) and submit it to the Corps. In the event
that the completed work deviates in any manner from the authorized work, the Permittee
shall describe the deviations between the work authorized by this permit and the work as
constructed on the "Self -Certification Statement of Compliance" form. The description of
any deviations on the "Self -Certification Statement of Compliance" form does not
constitute approval of any deviations by the Corps.
c. Permit Transfer. 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
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 8 of 5
of this permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date the enclosed form (Attachment 2).
d. Reporting Address. The Permittee shall submit all reports, notifications, documentation,
and correspondence required by the general and special conditions of this permit to the
following address.
(1) For standard mail: U.S-Army Corps -of -Engineers, RegulatoryDivision, Enforcement
Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2) For electronic mail: SAJ-RD-Enforcement(a,usace.anny.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.
7. The District Engineer reserves the right to require that any request for authorization under this
SPGP V-RI be evaluated as an Individual Permit. Conformance with the terms and conditions of the
SPGP V-RI does not automatically guarantee Federal authorization.
8. On a case -by -case basis, the Corps may impose additional Special Conditions which are deemed
necessary to minimize adverse environmental impacts.
9. Failure to comply with all conditions of the SPGP V-Rl constitutes a violation of the Federal
authorization.
10. No structure or work shall adversely affect or disturb properties listed in the National Register of
Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the
Applicant/Permittee or other party on the Applicant's/Permittee's behalf, shall conduct a search of
known historical properties by contracting a professional archaeologist, and contacting the Florida
Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The Applicant/Permittee can also
research sites in the National Register Information System (NRIS). Information can be found at
htto://www.cr.ni)s.gov/nr/research.
a. If, during the initial ground disturbing activities and construction work, there are
archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery,
modified shell, flora, fauna, human remains, 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), the Permittee shall immediately stop all work in the
vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at
850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the
discovery and devise appropriate actions, including salvage operations. 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 C.F.R. § 325.7.
b. In the unlikely event that human remains are identified, the remains will be treated in
accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately
cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps
Regulatory Project Manager shall immediately be notified. Such activity shall not resume
unless specifically authorized by the State Archaeologist and the Corps.
11. The Permittee is responsible for obtaining any "take" permits required under the U.S. Fish and
Wildlife Service's regulations governing compliance with these laws. The Permittee should contact
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 9 of 5
the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits
are required for a particular activity.
12. For Projects authorized under this SPGP V-RI in navigable waters of the U.S., 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 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.
13. The SPGP V-Rl will be valid through July 26, 2021 unless suspended or revoked by issuance of a
public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies,
will conduct periodic reviews to ensure that continuation of the permit during the period ending July
26, 2021, is not contrary to the public interest. The SPGP V-RI will not be extended beyond July 26,
2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities
covered by the SPGP V-Rl will be evaluated by the Corps.
14. If the SPGP V-RI expires, is revoked, or is terminated prior to completion of the authorized work,
authorization of activities which have commenced or are under contract to commence in reliance
upon the SPGP V-Rl will remain in effect provided the activity is completed within 12 months of the
date the SPGP V-RI expired or was revoked.
Special Conditions for Shoreline Stabilization Activities
1. Shoreline stabilization materials must be placed by hand around red mangrove prop roots
(Reference: JAXBO PDC ALL).
2. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to
create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic
habitat enhancement. Native plants can be placed along the shoreline or between the shoreline and the
living shoreline structure (Reference: JAXBO PDC A7.4.).
3. Living shoreline structures and permanent wave attenuation structures can only be constructed out
of the following materials: oyster breakwaters, clean limestone boulders or stone (sometimes
contained in metal baskets or cages to contain the material), small mangrove islands, biologs, coir,
rock sills, and pre -fabricated structures made of concrete and rebar that are designed in a manner so
that they do not trap sea turtles, smalltooth sawfish, or sturgeon (Reference: JAXBO PDC A7.5.).
a. Reef balls or similar structures are authorized if are not open on the bottom, open -bottom
structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre -fabricated
structures are designed in a manner so that they do not trap sea turtles.
b. Oyster reef materials shall be placed and constructed in a manner that ensures that materials
will remain stable and that prevents movement of materials to surrounding areas (e.g., oysters
will be contained in bags or attached to mats and loose cultch must be surrounded by contained
bagged oysters or another stabilizing feature) (Reference: JAXBO PDC A7.2.).
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 10 of 5
c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall not
be indiscriminately dumped or allowed to spread outside of the reef structure) (Reference:
JAXBO PDC A7.3.).
d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured
parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement
(Reference: JAXBO PDC A7.6.).
e. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured
parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement
(Reference: JAXBO PDC A7.6.).
f. Other materials are not authorized by this SPGP V-RI (Reference: JAXBO PDC A7.5.).
4. For living shorelines, only native plant species can be planted (Reference: JAXBO PDC A7.1.).
Special Conditions for Docks. Piers, Associated Facilities, and other Minor Piling -Supported
Structures
1. For temporary structures associated with marine events. Upon completion of the event, these
structures must be removed and, to the maximum extent practical, the site must be restored to pre -
construction elevations. Water depths in the area of marine events must be deep enough to support at
least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and Endangered
Species Act listed coral colonies, if present, when transiting to the mooring areas (Reference: JAXBO
PDC A2.1.4.).
2. Educational Signs. For commercial, multi -family, or public facilities, and marine events, signs
must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to
A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and
Anchored Buoys, starting on page 112.):
a. (A2.2.) For commercial, multi -family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to vessel
strikes and hook -and -line captures. The most current version of the signs that must be
downloaded and sign installation guidance are available at:
(http://sero.nmfsnoaa.agoy/protected resources/section 7/protected species educational signs/
index.htm). The signs required to be posted by area are stated below:
(1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign.
These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post the
Help Protect North Atlantic Right Whales sign.
(3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and those
occurring north of the St. Johns River to the Florida -Georgia line shall post the Report
Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida
north to the Florida -Alabama line.
3. Monofilament Recycling Bins. For commercial, multi -family, or public facilities, monofilament
recycling bins must be provided as described below (Reference: The below replicates PDC A.2.3
within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the
PDC itself on page 113 of the JAXBO.):
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 11 of 5
a. (A2.3.) For commercial, multi -family, or public facilities, monofilament recycling bins must be
provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or
ingestion of, marine debris. Monofilament recycling bins must:
(1) (A2.3.1.) Be constructed and labeled according to the instructions provided at
http://mrro.mvfivc.com.
(2)—(A2.3.2.) Be maintained in working order and emptied frequently (according to
http://mrrp.mvfwc.com standards) so that they do not overflow.
4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal
regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will
attach this document to their authorizations for a dock project (new construction, repair, or
replacement) at a private residence located within 11 nautical miles of North Atlantic right whale
critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by
Attachment 29 the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of
JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).
5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with the
requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of
the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.).
6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then
turtle -friendly lighting shall be installed. Turtle -friendly lighting is explained and examples are
provided on the Florida Fish and Wildlife Conservation Commission website:
hM:Linyf ye.com/wildlifehabitats/managed/sea-ttutics/lightine/ (Reference: JAXBO PDC A2.8.).
7. Construction Location. Project construction shall take place from uplands or from floating
equipment (e.g., barge); prop or wheel -washing is prohibited (Reference: JAXBO PDC A2.9.).
8. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project
must comply with the following:
a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial
waterway that was excavated for boating access and is bordered by residential properties) and
(ii) that is within the range of seagrass (estuarine waters within all coastal counties except for
Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the
following standards:
(1) Must comply with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's "Construction
Guidelines in Florida for Minor Piling -Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat" updated November
2017 (Attachment 5).
(2) In addition to (1), above, IF the project is within range of Johnson's seagrass (the range of
Johnson's seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in
the lagoon systems on the east coast of Florida), THEN the design and construction shall
comply with, in some cases, the more restrictive requirements within paragraph 8.c., below
(Reference: JAXBO PDC A2.17).
Project No.:56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 12 of 5
b. For all other Projects,
(1) Within the range of Johnson's seagrass (the range of Johnson's seagrass is defined as
Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east
coast of Florida), the presence of submerged aquatic vegetation will be determined utilizing
the "Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7). If no survey
performed; aquatic vegetation,, including Johnson's seagrass; will be presumed to -be -
present for purposes of this Special Condition.
(2) Outside the range of Johnson's seagrass but within the range of seagrass (estuarine waters
within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County
north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater
submerged aquatic vegetation will be determined using the "Submerged Aquatic
Vegetation Survey Guidelines" (Attachment 7) unless a site visit or aerial photography
observes absence during the growing season (if water depth and clarity allows) or aquatic
vegetation has not been found in the vicinity in the past.
(3) Pile -supported structures, IF aquatic vegetation is present (including seagrass, tidal
freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply
with or provide a higher level of protection than, the protective criteria in the joint U.S.
Army Corps of Engineers'/National Marine Fisheries Service's "Construction Guidelines in
Florida for Minor Piling -Supported Structures Constructed in or over Submerged Aquatic
Vegetation (SAV), Marsh or Mangrove Habitat" updated November 2017 (Attachment 5).
(4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within range
of Johnson's seagrass (the range of Johnson's seagrass is defined as Turkey Creek/Palm
Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), and
IF the proposed dock or proposed structure falls within the following scenarios, THEN the
design and construction shall comply with, in some cases, the more restrictive requirements
within paragraph 8.c.,below. (Reference: The following replicates "Scenario B" as defined
within A2.17., PDCs for Docks or. Other Minor Structures of JAXBO.):
(i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as the
previous dock and:
(a) within Johnson's seagrass critical habitat with No current seagrass survey
(completed no earlier than 1 year before submitting the application); or, Johnson's
seagrass under the dock; or, Native seagrass, other than Johnson's seagrass, under
the dock; or,
(b) within the Range of Johnson's seagrass (outside of critical habitat) with No current
seagrass survey or,Johnson's seagrass under the dock,
(ii) New docks or dock expansions and:
(a) within Johnson's seagrass critical habitat; or,
(b) within the Range of Johnson's seagrass (outside of critical habitat) with: No current
seagrass survey (completed no earlier than 1 year before submitting the application)
or, Johnson's seagrass within property limit.
c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4),
above (Reference: The following replicates the "Dock PDCs for Scenario B" within A2.17.
PDCs for Docks or Other Minor Structures of JAXBO.):
(1) To avoid and minimize impacts to Johnson's seagrass and native, non -listed seagrasses to
the maximum extent practicable:
(i) The dock must be positioned to avoid and minimize effects to Johnson's seagrass.
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 13 of 5
(ii) Over any area that contains Johnson's seagrass or native, non- listed seagrasses, the
dock shall be oriented in a north -south orientation to the maximum extent that is
practicable to allow maximum sunlight under the structure.
(iii)If practicable, terminal platforms shall be placed in deep water, waterward of Johnson's
seagrass beds or native, non -listed seagrasses beds or in an area devoid of Johnson's
seagrass or native, non -listed seagrasses.
(iv)Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson's
seagrass to minimize direct impacts.
(v) Piles shall be installed in a manner that will not result in the formation of sedimentary
deposits (e.g., donuts or halos) around the newly installed pilings.
(vi)No covered boat lifts are allowed over any Johnson's seagrass.
(2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the
MHWL must be constructed of grated materials or plank construction or a combination of
the both methods (e.g. plank decking on the walkway and grated decking on the terminal
platform). These decking options are described below:
(i) For grated decking:
(a) Height requirement: The surface of the structure, including the dock walkway (the
over- water narrow portion connecting the terminal platform to the shore and any
over -water ramp required for access) and the dock, must be a minimum of 3 ft
above MHW when constructed with grated decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 160 ftZ. Marginal docks are limited to a width of
5 ft. The 5 ft width restriction is measured from wet side of the seawall. For
example, if a seawall cap is 3 feet overwater then the dock would be limited to 2
feet.
(c) Material description: Decking materials shaped in the form of grids, grates, lattices,
etc., to allow the passage of light through the open spaces. These materials must
provide a minimum of 43% open space.
(ii) For plank decking:
(a) Height requirement: The surface of the structure, including the dock walkway (the
over- water narrow portion connecting the terminal platform to the shore and any
over -water ramp required for access) and the dock, must be a minimum of 5 ft
above MHW when constructed of plank decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 120 ftZ. Marginal docks are limited to a width of
5 ft.
(c) Material description: Deck boards may be constructed of any material. Deck Boards
must be installed to provide a minimum of a 0.5-in gap between individual deck
boards.
d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation
(ATONs) to ESA -listed corals and Acropora critical habitat shall ensure there are no impacts to
the corals or the essential feature of Acropora critical habitat from the movement of buoys and
tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to
be installed to secure the buoy to its anchor, particularly when the design of the ATON does
not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include
flotation to ensure there is no contact between the anchor chain or line and the marine bottom
(Reference: JAXBO PDC A2.10.).
Project No.: 56-0371972-001,002,003,004-EE
Project Name: Brache-McCrea D/S/L
Page 14 of 5
General Conditions for Federal Authorization for SPGP V-R1
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:
I. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, orlocal
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 orproposed
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 projector uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the publicinterest.
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 terns 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 Pennittee 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.
.r .
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AN0l7•
4acember 20, 2016 I'M4
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Cadaitral261? (Prope4Appm1ser Parcels)- Public View
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Fort Pierce, FL 34950
Environmental Consultants
Permit Numher y
s ,E Jorge Brache
Southeast DIOd t ,° 23 Sovereign Way
Fort Pierce, FL 34949
Sheet 2 of 8
January 3, 2019
Property Llne
Seawall cap —,V
ahrnia MHLA11
Existing Conditions
Residential Canal
I I
Existing Boatlift
1
I 1
1 1
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Property Line I
Approx.
MHWL/MLWL
Not to scale, for permitting purposes only
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130 �� Atntg
Suite Indian River Driv Jorge Brache
suite zoz a Sheet 3 of 8
Fort Pierce, FL 34950 S.whcur D10001 23 Sovereign Way
January 3, 2019
Environmental Consu(� s' Fort Pierce, FL 34949
772 577-4141 1
,O ZiY3Y
18'
-108 square foot, ^28 cubic
yard, cut from uplands
behind existing seawall for
partial boat basin
N
% Proposed
boatilft
Proposed
Neighbor 10'
boat dock
addition
Residential
Proposed Work
Replace existing seawall within 18"
25'
Replace 275 sq ft of existing dock
nimunninnwuiniuuunnnnuuunn
55'
, 130 S. Indian River Drive S031B""°'•°°�°°'m'�`
Suite 202
A®EA p Suuthenst�lstri�i
6 Fort Pierce, FL 34950 . o
Environmental Consults_ n!� (772) 577-4141 • •_�
Proposed Dock total
area = 433+/- sq ft
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ig
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Turbidity curtain (yellow dashed
—line) to contain sedimentation
during excavation
Not to scale, for permitt
Jorge Brache
23 Sovereign Way
Fort Pierce, FL 34949
purposes only
Sheet 4 of 8
January 25, 2019
Dock Access Section Thru
SGL Bolts, Nut, Washers _
/5/8" S.S. (304) w Nut Fully
Threaded Bents
@
3 or feet+/-
2" x 6" Azek Harvest
.////
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-
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'
Fastens, N303"SS (304)
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a
\ 2" x 8" P.T. SYP,
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.
...............................
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EA130 S. Indian River Driv enmz.porpm.wa.ow
Suite 202
Fort Pierce, FL 34950 : spnn�p.a m,lrlrl
Environmental Consultants
(772)577-4141 °>
Dock Access Plan View
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Design Windload Information
Code: FBC 2017 6TM ADD/FRC 2017/ASCE 7-10
Wind Speed: 170 MPH; 3 Second Gust Exposure "D"
Importance Factor: 1.0
Internal Pressure Coeff.: 0.00
n urposes on ly Height:<10 Ft. Mean
Jorge Brache Sheet 5 of 8
23 Sovereign Way January 3, 2019
Fort Pierce, FL 34949
f—
12" x 20" Concrete Cap w (5) #S,
60 KSI Rebar continuous W 18"
Overlap
CL 9900 Vinyl
Sheet Piling
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Cast Concrete
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%' chamfer all
exposed edge
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Design Windload Information
...... ..... . . . . . . .
Code: FBC 2017 &h ADD/FRC 2017/ASCE 7-10
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All Construction Must Meet Applicable
returns
Portions of the 2010 FBC and/or the 2008
NEC, Whichever Is More Stringent
Not to scale, for permitting purposes
130 S. indian River Drive
Jorge Brache
ARDEA
Suite 202
Sheet 7 of 8
AI.W
Fort Pierce, FL 34950
23 Sovereign Way
January 3, 2019
il'jEnvironinrlental Consultants
(772) 577-4141
Fort Pierce, FL 34949
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Environmental Consulkanks C Inzi s77-4i4i -LY Fort Pierce, FL 34949