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Home My WebLink AboutARMY CORPS OF ENGINEERS PAPERWORKDEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4100 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 NFPLYTO August 1, 2019 ATTENTION OF Regulatory Division Palm Beach Gardens Section SAJ-2019-01663(GP-RH F) John Stevens 38 Nettles Boulevard Jensen Beach, FL 34957 Dear Mr. Stevens: 6LANNE® BY �)t. Lucie County The U.S. Army Corps of Engineers (Corps) assigned your application for a Department of the Army permit, which the Corps received on February 14, 2019, the file number SAJ-2019-00628 (GP-RHF). The proposed work includes construction of an 11 foot by 16 foot marginal wood dock with six (6) 8-inch wood piles. This project is located within a residential canal adjacent to 38 Nettles Boulevard, Section 3, Township 37 South, Range 41 East, Jensen Beach, St. Lucie County, Florida. Your project, 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: http://www.saj.usace.anny.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. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be emailed to: SAJ-RD- Enforcement(Musace.army.mil. The Permittee shall reference this permit number, SAJ-2019-00628(GP-RHF), on all submittals 2. Self -Certification Statement of Compliance: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self -Certification Statement of Compliance" form GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on March 27, 2023. 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. NE777,,PSISLAND INC, ACONDOSEMONII PARCBL 38 LA N BBV710C (J5'MLW _.--------- _--------- ._._._._. SURVEY AREA MI DD7CBOAF WN _ �BARRENSILTYBOTMM 7HROUGHOU7 ffBVIH/CMRVEYPSMORM®BYBRUCEJBZMW ONJUNE10, 2019, 10;30AMBYSNORK9"G& MANMADE CANAL ME9ADERWG ALONG THESEA WALL ME AND OUr 45' WIDE 70®VIEROFUNAL VJ5MU7YWA5FAIRDUE TO WATER DEP7H & LTGHTPBVEM710AF UW BOT70MCOA515750FBARRENF7NESUTY SEDIMBV7i1R000HOU7, STEVENS 38 NETTLES BLIND .IENSEN BEACH L7DVBZ ATFDZDW fflW _ x5'551AGBOLIS EXAMOC4770N 7D BE DRMMMEDONSI7F Jerner&Aswdates Inc Marbw&Em omw9alC4nwftug 2537SEAkf Ax PMS[Lud FL34952 Ph(771)293-2950 . Aa� jERNM@BELLSOUTRKEI 1,= SHEET2 HAND RAIL DETAIL 1'X 6' CAP SECUREW A10x 212' cc et'..,rnr 2'X4'FBER6R47E 7?)PA (2)a10.212 SS SCREWS, TOP&BOTTOMRAILS 2'X4-17MGA47E.. .. MID RAB 4 X4'ACQ y 7REA7EDM7DSPAN 4 0 DEIX DBL V2' SS 7HRU BOLTS2F4O14'X4' lll��lll 7HRUS7RLNGER Pier Section Thru Live Load40/bs.l Sq Ft Dead Load 5lbs. /Sq Ft NutFNty7hreaded VARIES 1'x 6'Lumberock II fl IIA Deddng whLamalplank spacing. Fasten w#103' SS (304) Screws, 2 per Str nger 2'x 8'P.T. S1P, .40 ACQ treated sbingers to be buff jointed, butt MHW lams to be staggered 2'x 6'P.T. SYP, .40- NLwACQ lreatedDBL bents GRADE Pilings jetted to a minimum depth of 6' and as necessary to provide adequate bearing and stability H H STEVENS 38 NETTLES BLIND _7ENSEN BEACH Pier Plan View DECKBOARDS 70 RUN PARALLEL WAHSFEIWALL / StrLgars 24' I T 8'Wa. 25 _/ O.C. Max reatedpiles CenterStringer(s) be Nailed w(2) 916 SS (304) Ring Shank Nads @ Each Bent Outside Stringers Face Nailed w#16 SS (304) Ring Shank Nails AJerner &Associates, Inc MarvebErmownmral Conudtbg Odr2: f 2537SEAl.AK PmSLLdr,F134952 Ph(7T2)263-2950 JERNER@BELLSOUTHNE7 SHEER 0 ir d e 14' NDN SKID S1EP 1•u2'K1/8' EXTRUDED CRAN I 5 STEP STRAIGHT LADDER I International Dock Products Inc, 954-964-5315 Fox4954-964-2715 SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2019-00628(GP-RHF) Permittee's Name & Address (please print or Telephone Number. Location of the Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). W -5- Signature of Permittee Full Name of Permittee (printed or typed) Date U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities November 20, 2017 1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site project personnel are responsible for observing water -related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA -listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected resources/section 7/threatened endangered/in dex.html 2) (AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1- 877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16_ 3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment. i) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in -water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels. i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrik . iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow - riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species' entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create -a pile, trenching -to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. 5) (AP.11.) Entanglement: All turbidity curtains and other in -water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. a) In -water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in - water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in -water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area. STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The penmittee 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 ImperiledSpecies o(7.mvFWC.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 perrnittee 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: 1-888-404-FWCC (3922) cell * FWC or #FWC ivorrn nr►annc nrani wnare inrormanon rorm Federal Regulations Governing the Approach to North Atlantic Right Whales 1. Federal regulations governing the approach to North Atlantic right whales can be found at 50 CFR 224.103(c). It is illegal to approach and remain within 500 yards of right whales; 500 yards is equal to the distance of 5 football fields. ---- Prohibitions on approaching right whales are as follows (Excerpts from 50 CFR 224.103(c), available at www.eefr.gov): Unless otherwise lawfully allowed or unless doing so would create an imminent and serious t threat to a person or vessel, it is unlawful to: soo yam: (i) Approach (including by interception) within 500 1 yards (460 m) of a right whale by vessel (ii) Fail to undertake required right whale avoidance measures. If underway, a vessel must steer a course away from the right whale and immediately leave the area at a slow safe speed. 2. Updates can be downloaded from: a. http://www.nmfs.noaa.eov/or/species/mammals/cetaceans/rightwhale northatlantic.htm, or b. www.eefr.gov