HomeMy WebLinkAboutENVIORNMENTAL PROTECTIONFILE CO P1�
FLORIDA DEPARTMENT OF RonDOovemor
eSamis
Environmental Protection Jeanette Nunez
SCANNED Lt. Governor
Southeast District Office BY- Noah Valensteln
3301 Gun Club Road, MSC 7210-1 St. Lucie County Secretary
West Palm Beach, FL 33406
561-681-6600
February 18, 2019
Marvin Grossman
1236 Nettles Blvd
Jensen Beach, Florida 34957
Sent via e-mail: kimna ardeaenvironmental.com
Re: File No.: 56-372249-001 -EE
File Name: Marvin Grossman
Dear Mr. Grossman:
ST. LUCIE COIf UNTY Bq
REVIEWED FOR COMPL
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ARE SUSjECT THESE PLANS AND ALL PROPOSED WORD
REQUIRED BYTO FIELADIN CORRECTIONS
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L APPLICABLE CODES.
On January 14, 2019, we received your request for verification of exemption to install a 200 sq. ft.
dock in the same footprint, location, and configuration as the existing dock. The project is located
in Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida
Waters, Class H Waters, adjacent to 1236 Nettles Blvd, Jensen Beach (Section 3, Township 37
South, Range 41 East), in St. Lucie County (Latitude N 27' 16' 59.16", Longitude W 80' 13'
25.42").
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 qualifies for all three. 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 Katie Lizza at the letterhead
address or at 561-681-6637 and Kaitivn.Lizzana,floridaden.eov
www.floridadep.gov
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Project No.: 56-372249-001-EE-
Project Name: Marvin Grossman
Page 2 of 7
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(5)(d), 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 ifsite"condifions_matenally'ch&%e, the project design is modified, or the statutes or rules
goveming 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
modihcatiohs,to the -project design sfiould be submitted to the Department for review, as changes
may result in a permit being required.
The Department.actscas`staf-tq;tfie,Board of Trustees of the Internal Improvement Trust Fund
(Boat' d'bf_Iruetees) and•i9kies,certain authorizations for the use of sovereign submerged lands.
The Depai6ei nt'-has the authority to review activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees, the Department has reviewed the activity
described above, and has determined that the activity qualifies for an automatic consent by rule
under Rule 18-21.005(1)(b) and Section 253.77 of the Florida Statutes to construct and use the
activity on the specified sovereign submerged lands, as long as the work performed is located
within the boundaries as described herein and is consistent with the terms and conditions herein.
No further application is required for this consent by rule.
Special Consent Conditions
The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and
the State of Florida from all claims, actions, lawsuits and demands in any form arising
out of the authorization to use sovereignty submerged lands or the applicant's use and
construction of structures on sovereignty submerged lands. This duty to indemnify and
hold harmless will include any and all liabilities that are associated with the structure or
activity including special assessments or taxes that are now or in the future assessed
against the structure or activity during the period of the authorization.
2. Failure by the Board of Trustees to enforce any violation of a provision of the
authorization or waiver by the Board of Trustees of any provision of the authorization
will not invalidate the provision not enforced or waived, nor will the failure to enforce or
a waiver prevent the Board of Trustees from enforcing the unenforced or waived
provision in the event of a violation of that provision.
Project No.: 56-372249-001-EE
Project Name: Marvin Grossman
Page 3 of 7
3. Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns fails
or refuses to comply with the provisions and conditions of the authorization, the
authorization may be terminated by the Board of Trustees after written notice to the
applicant or its successors or assigns. Upon receipt of such notice, the applicant or its
successors or assigns will have thirty (30) days in which to correct the violations. Failure
to correct the violations within this period will result in the automatic revocation of this
authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will
notify the Board of Trustees in writing of any change of address at least ten days before
the change becomes effective.
5. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities
All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through
(i) below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part H, F.S.
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of
the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003,
68A-27.004, and 68A-27.005, F.A.C.
(0 Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity shall be modified in accordance with the court's decision.
Project No.: 56-372249-001-EE
Project Name: Marvin Grossman
Page 4 of 7
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,
F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood,
accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized under Paragraph 18-
21.004(1)(f), F.A.C., or any other applicable law.
2. Federal Review — SPGP 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 permit instrument
are met. You, as permittee, 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.army.mil/N4issions/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 insure 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 filing of a petition means that the
Department's final action may be different from the position taken by it in this notice.
Petition for Administrative Hearine
Project No.: 56-372249-001-EE
Project Name: Marvin Grossman
Page 5 of 7
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
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.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S. must be filed within 14 days of publication of the notice or within 14 days of receipt
of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person
who has asked the Department for notice of agency action may file a petition within 14 days of
receipt of such notice, regardless of the date of publication. The failure to file a petition within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding
and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of
Project No.: 56-372249-001-EE
Project Name: Marvin Grossman
Page 6 of 7
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 Clerkadep.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.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
you have any questions regarding this matter, please contact Katie Lizza at (561) 681-6637 or by
email at Kaitlyn.Lizzana,floridadep.gov.
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Christopher Weller
Environmental Manager
Southeast District
Project No.: 56-372249-001-EE
Project Name: Marvin Grossman
Page 7 of 7
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP V-Rl
General Conditions for Federal Authorization for SPGP V-RI
Project Drawings, 5 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Christopher Weller, Katie Lizza
Irene Arpayoglou, Irene.Arpayoglouna den.state.fl.us
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.
;j7
February 18, 2019
Clerk Date
Attachment A
Chapter 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., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance
with section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered
non-functional within the last year by a discrete event, such as a storm, flood, accident, or fire.
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
hq://cdml602].contentdm.ocic.org/titils/getfile/collection/l)l 6021 co113/id/577.
The SPGP V-RI instrument and all attachments may be found online through the Sourcebook, or at
littus://www.sai.usace.anny.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-RI.
Special Conditions for All Projects
1. Authorization, design and construction must adhere to the terms of the SPGP V-RI 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-RI, 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
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, Regulatory Division, Enforcement
Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2) For electronic mail: SAJ-RD-Enforcementausace.arm .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-RI 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/Pennittee'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 (KRIS). Information can be found at
http://www.cr.ni)s.goy/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
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-Rl 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-RI 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-Rl 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-Rl 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-RI 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 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://scro.nmfs.noaa.gov/protected resources/section 7/protected species educational signs/
index.html . 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 cast 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.):
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
htt-o://mn-n.mvfwc.com.
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
http:I/n=.myfwc.com standards) so that they do not overflow.
4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 271 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 I 1 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:
htty://myf%vc.com/wildlifehabitats/managed/sea-tLirtlesAightinv/ (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).
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 71. 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 51.
(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.
(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 ft2. 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 ft2. 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.).
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 parry 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:
1. 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 project or 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 terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching
the original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you
comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measures ordered by this
office, and if you fail to comply with such directive, this office may in certain situations (such
as those specified in 33 CER 209.170) accomplish the corrective measures by contract or
otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee will be required, upon due notice from the
U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal, relocation or alteration.
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Fort Pierce, FL34950
January 10, 2019
Environmental Consulk_ ants (»Z) 577-4141
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1236 Nettles Boulevard
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Design Windload Information
Code: FBC 2017 0 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
Sheet 4 of 5
January 10, 2019
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Marvin Grossman
1236 Nettles Boulevard
Jensen Beach, FL 34957
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Sheet 5 of 5
January 10, 2019