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HomeMy WebLinkAboutFL DEPT OF ENVIORNMENTAL PROTECTIONL Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 1FC ✓pi, "Pe, I p61 , �1Ofg Rick Scott Po ci .q Governor 0 C,o4 °Y�P�F Carlos Lopez -Canters Lt. Governor Noah Valenstein Secretary Receipt for Submission SCANNED BY St. l uda rruu SELF CERTIFICATION FOR A PROJECT AT A PRIVATE, SINGLE-FAMILY RESIDENCE 12/30/2018 Self Certification. File No.: 0371872001EE File Name: 246 Bimini Dr Fort Pierce, FL 34949 - Self Cert Exempt Dock with Boat Lift(s) (General) Dear Danna Small: On, 12/30/2018, you used the Florida Department of Environmental Protection's electroni( Certification Process to certify compliance with the terms and conditions of the Federal State Programmatic Gt Permit (SPGP) Self Certification Process for a project at private, single-family residence located at: LAT - Degrees: 27 Minutes: 29 Seconds: 11.9636 LONG - Degrees: -80 Minutes: 18 Seconds: 7.6545 SITE ADDRESS: 246 Bimini Dr Fort Pierce, FL 34949 COUNTY: St. Lucie For: Don Hinkle 219 Hunt Ave Fort Pierce, FL 34946 You have certified that the project you propose to construct at the above location meets all the conditions of th( Self -Certification Process. A project that is built in conformance to those conditions (attached for reference) w 1. Qualify for a regulatory exemption under Section 403.813(1)(b) of the Florida Statutes (F.S.) and Chaptc 62-330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.; 2. Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and Chapter 1 E F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the project is located on submerged lands owned by the State of Florida.; Your Self -Certification is based solely on the information you provided under this process, and applies only to statutes and rules in effect when your certification was completed. The certification is effective only for the spf project proposed, and only if the project is constructed, operated, and maintained in conformance with all the ti conditions, and limitations stated in the Self -Certification Process. In addition, any substantial modifications in plans should be submitted to the Department for review, as changes may result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the project is not completed within one year from the self -certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department or Corps personnel to enter property for purposes of inspecting for compliance. Receipt of this Self -Certification constitutes authorization to use sovereignty/state-owned submerged lands, as by rule 18-21.005, F.A.C. The authorization must be visibly posted during all construction activities. In waters that are accessible to manatees, obtain information on your mandatory Manatee Protection sign by cl here. FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP) You have certified that the project you propose to construct at the above location meets all the conditions of th( Self -Certification Process and will be built in conformance to those conditions (attached for reference). Your p activity as certified is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your project, attached. No further permitting for this activity is required by the Corps. In th of the transfer of ownership of the property by sale or by any other means, when the structures or work authors this SPGP Self -Certification are still in existence at the time the property is transferred, the terms and conditior SPGP Self -Certification will continue to be binding on the new owner(s)of the property. Although the construc period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, expire. To validate the transfer of this SPGP Self -Certification and the associated responsibilities associated wi compliance with its terms and conditions, the attached transfer of SPGP Self -Certification request must be corn and submitted to the Department at the time of transfer of ownership. The address is given below on the attacht transfer form. This SPGP Self -Certification is based solely on the information you provided under this process, applies only to the statutes and rules in effect when your certification was completed. You have recognized tha certification is effective only for the specific project proposed, and provided the project is constructed, operate( maintained in conformance with all the terms, conditions, and limitations stated in the SPGP Self -Certification This Self -Certification will not apply if any substantial modifications are made to the project. You agree to con Department for review of any plans to construct additional structures or to modify the project, as changes may a permit being required. You have acknowledged that this Self -Certification will automatically expire if: 1. cor of the project is not completed by midnight, July 25, 2021, unless construction commenced or a contract to con was executed before July 25, 2021, in which case the time limit for completing the work authorized by the SPC at midnight, July 25, 2022. However, in no case can construction continue for more than one year beyond the Self -Certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self -Certification are not followed; or 4. the governing statutes or rules are amended before construction of the Completion of the Self -Certification constitutes your authorization for Department or Corps personnel to enter property for purposes of inspecting for compliance. If you have any questions, please contact your local Depan District Office. Contact information can be found at: https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/documents/district-office- For further information, contact the Corps directly at: http://www.saj.usace.army.mil/Missions/Regulatory.aspi referring to your project, please use the SPGP Self -Certification file number listed above. Authority for review agreement with the U.S. Army Corps of Engineers entitled Coordination Agreement between the U. S. Army C Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. ADDITIONAL INFORMATION This Self -Certification Process does not relieve you from the responsibility of obtaining other permits or author from other agencies (federal, state, Water Management District, or local) that may be required for the project. I obtain all applicable authorizations prior to construction of the project may result in enforcement. . If you have any problems with the attached documents, please call the ERP Coordinator at (850) 245-8495 or 1 e-mailing us at ERP_eApps@dep.state.fl.us. Sincerely, Florida Department of Environmental Protection Attachments: FDEP Terms and Conditions SPGP Terms and Conditions SPGP Transfer Letter Aquatic Vegetation Guidelines Sea Turtle And Sawfish Conditions Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 TERMS AND CONDITIONS Self Certification File No.: 0371872001EE Construction Conditions: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary Private residential single family docks are subject to the following criteria in accordance with Section 403.813(1)(b), F.S. The dock to be constructed: 1. Has 1,000 square feet or less over water surface (includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; 2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard;. 4. Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia;. 5. Is the sole dock on the parcel; and 6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. Boat lifts are subject to the following additional conditions: 1. Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock; 2. With other mooring will not result in the mooring of more than two vessels (including jet skis); 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; 4. Will not be located in areas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the applicant and are enforceable under Chapters 253, F.S. or Chapters 258, F.S. 1. Sovereignty/state-owned submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund (Board). 2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. 3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. 4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. 5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.; 6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. 10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/stateowned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. 12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 13. All costs incurred by the Board 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 in writing of any change of address at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. Manatee Conditions: The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. 2. All vessels associated with the construction project will 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. 3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 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. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. 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. 6. Temporary signs concerning manatees will 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2' by 11' explaining the requirements for 'Idle Speed. No Wake' and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. Self -Certification Requirements: The user agrees to the following: 1. The information provided herein is true and accurate. 2. Construction of the project must be completed within one year from the self -certification date. If the project cannot be completed within that time frame, or the project is to be modified, the Department must be contacted for authorization requirements. 3. Any substantial modifications in the plans for this project must be submitted to the Department for review, as changes may result in a permit being required. 4. This self -certification will automatically expire if site conditions materially change; if the terms, conditions, and limitations of the self -certification are not followed; or if the governing statutes or rules are amended before the project is completed. 5. Department personnel will be allowed to enter the property for purposes of inspecting the project for compliance with the terms and conditions of this self -certification. Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary CONDITION FOR THE DEPARTMENT OF THE ARMY SELF -CERTIFIED STATE PROGRAMMATIC GENERAL PERMIT FOR A PROJECT AT A PRIVATE, SINGLE FAMILY Self Certification File No.: 0371872001EE General Conditions: I . The time limit for completing the work authorized 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: 1. Limits of,this authorization: a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Manatee Conditions: 1. All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. 2. All vessels associated with the construction project will 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 fourfoot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 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. 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. 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. 6. Temporary signs concerning manatees will 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 %2" by I 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. Submerged Aquatic Vegetation Conditions: 1. Avoidance. The piling -supported structure will be aligned so as to minimize the size of the footprint over SAV beds. 2. The height of piling -supported structure will be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking. 3. The width of the piling -supported structure is limited to a maximum of 4 feet. A turnaround area is allowed for piling -supported structures greater than 200 feet in length. The turnaround is limited to a section of the piling -supported structure no more than 10 feet in length and no more than 6 feet in width. The turnaround will be located at the midpoint of the piling -supported structure. 4. Over-SAV bed portions of the piling -supported structure will be oriented in a north -south orientation to the maximum extent that is practicable. 5. Terminal Platforms: a. If possible, terminal platforms will be placed in deep water, waterward of SAV beds or in an area devoid of SAV beds. b. If a terminal platform is placed over SAV areas and constructed of grated decking, the total size of the platform will be limited to 160 square feet. The grated deck material will conform to the specifications stipulated below. The configuration of the platform will be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet will conform to the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The long axis of the platform should be aligned in a north -south direction to the maximum extent that is practicable. c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform will be limited to 120 square feet. The configuration of the platform will be a maximum of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section will conform to the 5-foot height requirement. A section may be placed 3 feet above MHW to facilitate boat access. The 3 feet above MHW section will be cantilevered. The long axis of the platform should be aligned in a northsouth direction to the maximum extent that is practicable. If the 3 feet above MHW section is constructed with grating material, it may be 3 feet wide. 6. Pilings will be installed in a manner which will not result in the formation of sedimentary deposits ("donuts" or "halos") around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low pressure pump may be used. 7. The spacing of pilings through SAV beds will be a minimum of 10 feet on center. 8. The gaps between deckboards will be a minimum of 1/2 inch. Marsh and Mangroves Conditions: 1. Marsh: a. The piling -supported structure will be aligned so as to have the smallest over -marsh footprint as practicable. b. The over -marsh portion of the piling -supported structure will be elevated to at least 4 feet above the marsh floor. c. The width of the piling -supported structure is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement. 2. Mangroves: a. The width of the piling -supported structure is limited to a maximum of 4 feet. b. Mangrove clearing is restricted to the width of the piling -supported structure. c. The location and alignment of the piling -supported structure should be through the narrowest area of the mangrove fringe. Sea Turtle and Smalltooth Sawfish Construction Conditions: The permittee will comply with the following protected species construction conditions: 1. The permittee will instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. 2. The permittee will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. 3. Siltation barriers will be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. 4. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e. g., marked channels) whenever possible. 5. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions will be implemented to ensure its protection. These precautions will include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment will cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. 6. Any collision with and/or injury to a sea turtle or smalltooth sawfish will be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding/rescue organization. 7. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. 8. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (727-824-5312). 9. Reports to NMFS's Protected Resources Division (PRD) may be made by email to takereport.nmfsser@noaa.gov. 10. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm. 11. Smalltooth sawfish encounters shall be reported to 12. All work must occur during daylight hours. Special Conditions: 1. For concrete piles installed by impact hammer: a. The piles will be less than or equal to than 24 inches in diameter; and b. Not more than 10 piles will be installed per day if in open water; or, c. Not more than 5 piles will be installed per day in a confined space. A confined space is defined as any area that has a solid object (e.g., shoreline, seawall, jetty) or structure within 150 feet of the pile installation site that would effectively serve as a barrier or otherwise prevent animals from moving past it to exit the area. This does not include objects such as docks or other pile -supported structures that would not stop animal movement or significantly reflect noise. 2. Metal piles will NOT be installed by impact hammer. 3. The Permittee is responsible for obtaining any 'take' permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. 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. 4. The Permittee is responsible for compliance with 50 CFR 224.103 prohibiting approach within 500 yards of a right whale, with limited exceptions. 5. Special Conditions Related to All Reviews and Authorizations are available at: http://www.sai.usace.army.mil/Missions/Regulatory/Source-Book/ and must be followed.