HomeMy WebLinkAboutARMY CORPS OF ENGINEERSDEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4100 PGA BLVD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
NFFLYTO May 16, 2019
ATTENTION OF
Regulatory Division
South Permits Branch
Palm Beach Gardens Permits Section
SAJ-2013-02373 (GP-KAE)
SCANNED
BY
St. Lucie County
Robert Duersten
3058 NW Radcliff Way
Palm City, FL 34990
Dear Mr. Duersten:
RECEIVED
JUN 0 6 2019
ST. Lucie County, permitting
Your application for a Department of the Army permit received on February 28, 2019,
has been assigned number SAJ-2013-02373. A review of the information and drawings
provided shows the proposed work is to 1) install a 720 square foot docking structure
consisting of a 4 foot by 140 foot (560 square foot) access walkway and a 10 foot by 16
foot (160 square foot) terminal platform waterward of mean high water and 2) install two
boatlifts. The project site is located in the North Fork of the Saint Lucie River at 3058
NW Radcliff Way, in Section 25, Township 37 South, Range 40 East, in Palm City,
within Saint Lucie County, Florida.
The aspect of your project associated with the docking structure and boatlifts, as
depicted on the enclosed drawings, is authorized by Regional General Permit (GP)
SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps'
Jacksonville District Regulatory Division Internet page to view the special and general
conditions for SAJ-20, which apply specifically to this authorization. The Internet URL
address is:
hftp://www.saj.usace.army.mil/Missions/Regulatory.aspx
Please be aware this Internet address is case sensitive; and, you will need to enter it
exactly as it appears above. Once there you will need to click on "Source Book"; and,
then click on "General Permits." Then you will need to click on the specific SAJ permit
noted above. You must comply with all of the special and general conditions of the
permit; and, any project -specific conditions noted below, or you may be subject to
enforcement action. The following project -specific conditions are included with this
authorization:
1. Reportina Address: All reports, documentation and correspondence required by
the conditions of this permit shall be submitted to the following address: U.S.
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Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement
Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 or
for electronic mail saj-rd-enforcement@usace.army.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ-2013-02373 (GP-KAE),
on all submittals.
2. Self -Certification: Within 60 days of completion of the work authorized by this
permit, the Permittee shall complete the attached "Self -Certification Statement of
Compliance" form (attached) 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.
3. Assurance of Navigation and Maintenance: The Permittee understands and
agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structures or work herein authorized, or if
in the opinion of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee will be required, upon due
notice from the 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.
4. Turbidity controls:
a. Shall be used throughout construction to control erosion and siltation and
ensure that turbidity levels within the project area do not exceed
background conditions.
b. Shall be made of material in which listed species cannot become
entangled (i.e., reinforced impermeable polycarbonate vinyl fabric [PVC]),
and shall be monitored to ensure listed species are not entangled or
trapped in the project area.
c. Shall be removed promptly when the work is complete and the water
quality in the project area has returned to background conditions.
d. Shall not block entry to or exit from designated critical habitat.
5. Cultural Resources/Historic Properties:
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a. No structure or work shall adversely affect impact or disturb properties
listed in the National Register of Historic Places (NRHP) or those eligible
for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the
permit area, there are archaeological/cultural materials encountered which
were not the subject of a previous cultural resources assessment survey
(and which shall include, but not be limited to: pottery, modified shell, flora,
fauna, human remains, ceramics, stone tools or metal implements, dugout
canoes, evidence of structures or any other physical remains that could be
associated with Native American cultures or early colonial or American
settlement), the Permittee shall immediately stop all work and ground -
disturbing activities within a 100-meter diameter of the discovery and
notify the Corps within the same business day (8 hours). The Corps shall
then notify the Florida State Historic Preservation Officer (SHPO) and the
appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the
significance of the discovery and devise appropriate actions.
c. Additional cultural resources assessments may be required of the permit
area in the case of. unanticipated discoveries as referenced in accordance
with the above Special Condition ; and if deemed necessary by the
SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR
325, Appendix C (5). Based, on the circumstances of the discovery,
equity to all parties, and considerations of the public interest, the Corps
may modify, suspend or revoke the permit in accordance with 33 CFR
Part 325.7. Such activity shall not resume on non-federal lands without
written authorization from the SHPO for finds under his or her jurisdiction,
and from the Corps.
d. If the unlikely event that human remains are encountered on federal or
tribal lands, or in situations where Archaeological Resources Protection
Act of 1979, or Native American Graves Protection Repatriation Act of
1990 applies, all work and ground disturbing activities within a 100-meter
diameter of the unmarked human remains shall immediately cease and
the Permittee shall immediately notify the Corps, within the same business
day (8-hours). The Corps shall then notify the appropriate THPO(s) and
SHPO. Based, on the circumstances of the discovery, equity to all parties,
and considerations of the public interest, the Corps may modify, suspend
or revoke the permit in accordance with 33 CFR Part 325.7. After such
notification, project activities on federal lands shall not resume without
written authorization from the Corps, and/or appropriate THPO(s), SHPO,
and federal manager. After such notification, project activities on tribal
-4-
lands shall not resume without written authorization from the appropriate
THPO(s) and the Corps.
6. Dayliaht Hours: All activities must be completed during daylight hours.
7. Manatee Conditions: The Permittee shall comply with the enclosed (Attached)
"Standard Manatee Conditions for In -Water Work — 2011 °
This authorization does not give absolute Federal authority to perform the work as
specified on your application. The proposed work may be subject to local building
restrictions mandated by the National Flood Insurance Program. You should contact
your local office that issues building permits to determine if your site is located in a
flood -prone area, and if you must comply with the local building requirements mandated
by the National Flood Insurance Program.
If you are unable to access the internet or require a hardcopy of any of the conditions,
limitations, or expiration date for the above referenced RGP, please contact Kelly Egan
by telephone at 561-472-3514.
Thank you for your cooperation with our permit program. The Corps' Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
http://corpsmapu.usaGe.army.mil/cm—apex/f?p=regulator"urvey. Please be aware
this Internet address is case sensitive; and, you will need to enter it exactly as it
appears above. Your input is appreciated — favorable or otherwise.
Sincerely,(
Kelly EgahJ
Project Manager
Enclosures
Project Drawings
Self Certification
Standard Manatee Conditions for In -Water Work — 2011
Copies Furnished:
Bruce Jerner, jerner@bellsouth.net
GENERAL CONDITIONS
33 CFR PART 320-330
PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986
1. The time limit for completing the work authorized ends on date identified in the
letter. If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
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STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
C. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on -site project personnel are responsible for observing water -related activities for the presence
of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for
north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at
I mperiledSpecies(d myFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8'W by 11" explaining
the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be
posted in a location prominently visible to all personnel engaged in water -related activities. These
signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to
the email address listed above.
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
JiW 1-888-404-FWCC (3922)
cell * FWC or #FWC