HomeMy WebLinkAboutFL DEPT OF E.P.FLORIDA DEPARTMENT OF RonGoveMls
ernor
Environmental Protection JeanetteNufiex
Lt Governor
Southeast District Office NoahValensteln
3301 Gun Club Road, MSC 7210-1 Secretary
West Palm Beach, FL 33406
561-681-6600
October 16, 2019
Janet Tabbert
114 Riomar Ct. SCANNED
Port St. Lucie, FL 34952 BY
Sent via e-mail: darrelljulie@bcllsouth Hied-ucie County
Re: File No.: 56-380407-001-002-EE
File Name: Tabbert
Dear Janet Tabbert:
REVIEWED FOR
CODE COMPLIANCE
ST. LUCIE COUNTY
BOCCIlk- 9'
File COPYA
6W� II
On September 23, 2019, we received your request for verification of exemption to perform the
following activities: (1) install a 200112 marginal dock and (2) replace a seawall no more than 18in
waterward, wetface to wetface, of the existing wall. The project is located in a canal adjacent to
the North Fork, St. Lucie Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent
to 114 Riomar Ct. Port St. Lucie (Section 22, Township 36 South, Range 40 East), in St. Lucie
County (Latitude N 27' 19' 31.61", Longitude W 80' 19' 42.83").
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 Donald Fontenot at the letterhead
address or at 561-681-6629, Donald.Fontenot@FloridaDEP.gov.
www.5266 dep.aov
Project No.: 56-380407-001-002-EE
Project Name: Tabbert
Page 2 of 5
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
are exempt, under Chapter 62-330.051(5)(b) and (12)(b), 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 if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, anew request and verification fee will be required. Any substantial
modifications to the project design should be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Review- NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands, and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. Federal Review - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit V-RI, 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-RI 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-RI with all terms and conditions and the General
Conditions may be found at https://www.sai.usace.army.miUMissions/Re ug latory/Source-Book.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection (or Duly Authorized Designee), State Programmatic General
Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be
Project No.: 56-380407-001-002-EE
Project Name: Tabbert
Page 3 of 5
final and effective until a subsequent order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a modification of the
agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; 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 will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency Clerk ,dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 21 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 21 days ofpublication of the notice or within 21 days of receipt of the written notice,
whichever occurs fast. You cannot justifiably rely on the finality of this decision unless notice
of this decision and the right of substantially affected persons to challenge this decision has been
duly published or otherwise provided to all persons substantially affected by the decision. While
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-
110.106(10)(a).
Project No.: 56-380407-001-002-EE
Project Name: Tabbert
Page 4 of 5
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency Clerk@deo.state.fl.us, before the deadline for
filing a petition for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
Project No.: 56-350407-001-002-EE
Project Name: Tabbert
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Jeffrey Meyer
Environmental Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP V-RI
General Conditions for Federal Authorization for SPGP V-RI
Project drawings, 6 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP Jeffrey Meyer, Donald Fontenot
Bruce Jerner, ierner(abellsouth.net
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.
'✓ October 16, 2019
Clerk Date
i
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—
(b) Installation of private docks, piers, and recreational docking facilities, and installation of local
governmental piers and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This
includes associated structures such as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of the dock or pier and all associated structures located over wetlands
and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials
other than those associated with water dependent recreational use, and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a
minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in
length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.
(12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other
Shoreline Stabilization —
(b) The restoration of a seawall or riprap under section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event, such
as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves only minimal
back611ing to level the land directly associated with the restoration or repair and does not involve land
reclamation as the primary project purpose. See section 3.2.4 of Volume I for factors used to determine
qualification under this provision;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured from
the waterward face of the existing seawall to the face of the restored seawall, or from the waterward slope
of the existing riprap to the waterward slope of the restored riprap; and
3. Applicable permits under chapter 161, F.S., are obtained.
Special Conditions for Federal Authorization for SPGP V-RI
Note: JAXBO (Jacksonville District's Programmatic Biological Opinion), referenced
throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or
at http://cdml602l.contentdm.ocic.or/utils/eetfile/collection/p]6021coII3/id/577.
The SPGP V-RI instrument and all attachments may be found online through the Sourcebook, or
at https://www.sai.usace.army.mil/SPGP/
In addition to the conditions specified above, the following Special Conditions apply to all
projects reviewed and/or authorized under the SPGP V-Rl.
Special Conditions for All Proiects
1. Authorization, design and construction must adhere to the terns 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-Enforcement@usace.army.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/Permittee's behalf, shall
conduct a search of known historical properties by contracting a professional archaeologist, and
contacting the Florida Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The
Applicant/Permittee can also research sites in the National Register Information System (NRIS).
Information can be found at http://www.cr.nps.gov/nr/research.
a. If during the initial ground disturbing activities and construction work, there are
archaeologicallcultural 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-RI in navigable waters of the U.S., the Permittee
understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of
the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States. No claim shall be
made against the United States on account of any such removal or alteration.
13. The SPGP V-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-RI will not
be extended beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all
future applications for activities covered by the SPGP V-RI will be evaluated by the Corps.
14. If the SPGP V-RI expires, is revoked, or is terminated prior to completion of the authorized
work, authorization of activities which have commenced or are under contract to commence in
reliance upon the SPGP V-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 Shoreline Stabilization Activities
r
1. Shoreline stabilization materials must be placed by hand around red mangrove prop roots
(Reference: JAXBO PDC A1.3.).
2. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to
create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic
habitat enhancement. Native plants can be placed along the shoreline or between the shoreline
and the living shoreline structure (Reference: JAXBO PDC A7.4.).
3. Living shoreline structures and permanent wave attenuation structures can only be
constructed out of the following materials: oyster breakwaters, clean limestone boulders or stone
(sometimes contained in metal baskets or cages to contain the material), small mangrove islands,
biologs, coir, rock sills, and pre -fabricated structures made of concrete and rebar that are
designed in a manner so that they do not trap sea turtles, smalhooth sawfish, or sturgeon
(Reference: JAXBO PDC A7.5.).
a. Reef balls or similar structures are authorized if are not open on the bottom, open -bottom
structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre-
fabricated structures are designed in a manner so that they do not trap sea turtles.
b. Oyster reef materials shall be placed and constructed in a manner that ensures that
materials will remain stable and that prevents movement of materials to surrounding areas
(e.g., oysters will be contained in bags or attached to mats and loose cultch must be
surrounded by contained bagged oysters or another stabilizing feature) (Reference:
JAXBO PDC A7.2.).
c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall
not be indiscriminately dumped or allowed to spread outside of the reef structure)
(Reference: JAXBO PDC A7.3.).
d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured
parallel to the shoreline and at the sea floor, to allow for tidal flushing and species
movement (Reference: JAXBO PDC A7.6.).
e. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured
parallel to the shoreline and at the sea floor, to allow for tidal flushing and species
movement (Reference: JAXBO PDC A7.6.).
£ Other materials are not authorized by this SPGP V-RI (Reference: JAXBO PDC A7.5.).
4. For living shorelines, only native plant species can be planted (Reference: JAXBO PDC
AT 1.).
5.
Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling -
Supported Structures
1. For temporary structures associated with marine events. Upon completion of the event, these
structures must be removed and, to the maximum extent practical, the site must be restored to
pre -construction elevations. Water depths in the area of marine events must be deep enough to
support at least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and
Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas
(Reference: JAXBO PDC A2.1.4.).
2. Educational Signs. For commercial, multi -family, or public facilities, and marine events,
signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and
A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported
Structures and Anchored Buoys, starting on page 112.):
a. (A2.2.) For commercial, multi -family, or public facilities, and marine events, signs must
be posted in a visible location(s), alerting users of listed species in the area susceptible to
vessel strikes and hook -and -line captures. The most current version of the signs that must
be downloaded and sign installation guidance are available at:
(http://sero.nmfs.noaa.goy/protected resources/section 7/protected species educational s
iens/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) (A2.23.) On the east coast of Florida, projects located within the St. Johns River and
those occurring north of the St. Johns River to the Florida -Georgia line shall post the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
Key, Florida north to the Florida -Alabama line.
3. Monofilament Recycling Bins. For commercial, multi -family, or public facilities,
monofrlament recycling bins must be provided as described below (Reference: The below
replicates PDC A.23 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
http://mrrp.myfwc.com.
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
http://mrrp.myfwc.com standards) so that they do not overflow.
4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal
regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will
attach this document to their authorizations for a dock project (new construction, repair, or
replacement) at a private residence located within 11 nautical miles of North Atlantic right whale
critical habitat as measured in a radius from the center of the nearest inlet to open ocean
described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from
Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).
5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with
the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66,
Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference:
JAXBO PDC A2.5.).
6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary,
then turtle -friendly lighting shall be installed. Turtle -friendly lighting is explained and examples
are provided on the Florida Fish and Wildlife Conservation Commission website:
http://myfwc.com/wildlifehabitats/managed/sea-turtles/li hg ting/ (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/Pahn 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/Pahn Bay south to central Biscayne Bay in the lagoon systems on the
east coast of Florida), the presence of submerged aquatic vegetation will be
determined utilizing the "Submerged Aquatic Vegetation Survey Guidelines"
(Attachment 7). If no survey performed, aquatic vegetation, including Johnson's
seagrass, will be presumed to be present for purposes of this Special Condition.
(2) Outside the range of Johnson's seagrass but within the range of seagrass (estuarine
waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and
Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass
r'-
and tidal freshwater submerged aquatic vegetation will be determined using the
"Submerged Aquatic Vegetation Survey Guidelines" (Attachment 7) unless a site visit
or aerial photography observes absence during the growing season (if water depth and
clarity allows) or aquatic vegetation has not been found in the vicinity in the past.
(3) Pile -supported structures, IF aquatic vegetation is present (including seagrass, tidal
freshwater submerged aquatic vegetation and emergent vegetation), THEN must
comply with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor Piling -Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat" updated November 2017 (Attachment 5).
(4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within
range of Johnson's seagrass (the range of Johnson's seagrass is defined as Turkey
Creek/Pahn 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 ft. The terminal
platform is limited to a total area of 160 ft. 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 ft above MHW when constructed of plank decking.
(b) Size limitations: The dock walkway is limited to a width of ft. The terminal
platform is limited to a total area of 120 W. 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
r
between the anchor chain or line and the marine bottom (Reference: JAXBO PDC
A2.10.).
General Conditions for Federal Authorization for SPGP V-111
1. The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office
of what you have found. We will initiate the Federal and State coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner on the enclosed form and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished in accordance with
the terms and conditions of your permit.
Further Information:
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 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.
.F '� r• t� ,� Internal Revenue Ser�c'e 0 `s
Publix Supe <Market at'�
Prima Vist6
n 0
T 1y Y Ct�
-- - ' �114 Riomar Court 'l
13 min drive• home
\��Coastal
Sparta A
eRiver Pork Marina
Best Wr+st,.yn
Put I St luC aIt I
�C
OF
.c4~ •`0fl�r.ikn-,;iti1i�10W E IV
Jerk Cil
Permit.Number
JANET TABBERT
114 RIONAR COURT
PORT ST LUCIE
56-380407-001-002-EE I `
Inc
MINORi
JANET TABBERT
114 RIOMAR COURT
PORT ST LUCIE
Jerner &Associates, Inc
Mmi &Fmwonmwtal(bnm Z
b37SEA1f.Av P6nSC LUCIAM 4952
Ph(M)293-2950
JERNER@BaLSOUTHNEf
Date.' 9/Z/19
SHEET2
�TIF R�p,Y
�PTE „ODs
n�
RESORLESURVEYPOM MED 7129119BYBRLE
JLRNBZ PRO7ELTSrrELSE1Z4QG5H TO
IRESLIWA7ER W!MaIRRBVSILTY. EDIMENT
THROUGHOUT. NOSWOMUVED
0
i� MOORINGPILES
7j4 KE75UP
V Rev tEw+/-BasTmGSEAWALL
WIMINI8'OFEUSIING
i...............
pF EIV V
RIVER o*
� .e
w' Permit Number �1
o r
56-380407-001-002-EE b
< e
p Southeast District y
° NFIGVRE
)�..5tO U
150'+/-&WRELLNE
BLK 83 LOT
CR )
R MCF70'+/-DE7ERIORA7ED
SEAWALL IN 54MELOG77ON
AlzTIF Ropy
vjATE
o �
a �p 1"=20'
JAl1/ET vas' jan &Associates, Inc SHEET3
114 RIOMAR CO 37SEAtf.Am PmSLUd4FLing Date: 4/1/19
y, zs;7sEaJ�a� r�s�wdcFc,.vsz
PORT ST LUCIE ' Ph�BalS z95a
3.,:. JERNER@BEt1S0117BNEi
Minimum 1 1 penehatfon -
intosandysdi
Desfon Windload Information
Code: FBC 2017 6mADD/FRC 2017/
ASCE 7-10
Wind Speed 170 MPH, 3 Second Gust
Exp=re'D-
I'Mid Iv
BLIOWCAP
BbeMadm 2'
DraX jp Rio mSbra
3-HbGµar notRuyb•!)C'•� ! f
w
.. -eend S
;OF
'CTION THRU 'y\
a
Permit Number y
56-380407-001-002-EE b
4
p Southeast District
d
O
J _ w one., '7
4 Ajis_
Mudlinc
s
TIE Backs @ 5' O.C. —�
O 3'X8'WHALFR O'
o
6'
O
_._._._:
4..
_._
SHORELINE
425
SERIES
OR
SIMILAR
...
,..
.,
....., ...
.. .y
..,
e
\, l5
0 ULflr7C/iU CLC VH I IVIV
YX tY Cap Board
014 x 3'S.S. Screw
5' W: (2 every 18')
ye •
Importance Factor. 1.0 I �T SWxl6'HDG- I
Internal Pressure Coen: 0.00 Tie / Rod Through Bolt,,' O.C. 5116'x 3'Bolt
Height <10 FL Mean
z
k
z
Inside Wale
JANET TABBERT �; janer&Associates inc SHEET4
MarmtYEndng oar12/19
114 RIOMAR COURT 337SEAfmAw Pon&LudrR395PORT ST LUCIE PhPBELLSOUT
e-�: I�Fx@BEusDun, n,>: r
Pier Section Thru
Live Load401bs/Sq Ft
Dead Load 516s /Sq Ft
SGL Botts, Nut,
ashers 5W HD.—
GaN. Or S.S. (309J w
10'
Nut Fully Threaded
I 2'x 6' SYP, Composite
11 [� Deck Minimal plank
spating. Fasten w #10 3'
�SS (304) Sore2 per
Stinger
2'x 6' P.T. SYP, .40
MFIYY ACQ treated sinngers to
.._.._.._.. be buffjanted, butt
..-MLVY__. joints to be staggered
2'x e'P.T. SYP .40—
ACQ treated DBL bents
Pilings jetted to a minimum depth of 6' and as
necessary to provide adequate bearing and stability
H H
Pier Plan View
VARIES
P N
Manger(s) toe, Nailed w (2J #16 S$
ank Nails @ Each Bem, Outside St
Valed w #16 SS (304) Ring Shank i
Design Wnmaad mrmmabon W Permit Number
Code: FBC 2017 6mADD/FRC 2017/
ASCE 7-10
Wind Speed'' 170 MPH, 3 Second Gu 56-380407-001-002-EE
Exposure'D'
Importance Factor. 1.0 1
Intemal Pressure CoeH: ao0
Height <10 Ft Mean P Soutile83t District
Mn. trGa. 2.5_
CCA heated piles
a
r
O
1ANET TABBERT ]xBerCr 4s °agi , o ' SH=5
114 RIONAR COURT Mmincc EAv f ate: 4 9
J- 2i375EAlfons°A� Port3G 31T2y V
PORT ST LUCIE . I jERNER B �USO�ET