HomeMy WebLinkAboutDEPT OF THE ARMY PERMITSCANNED
�- BY
St. Lucie County
DEPARTMENT OF THE ARMY PERMIT
Permittee: St. Lucie County Parks and Recreation Department
Attn: Mr. Matt Baum
3020 Will Fee Road
Fort Pierce, Florida 34982
Permit No: SAJ-2005-03156 (SP-AAZ)
Issuing Office: U.S. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee
or any future transferee. The term "this office" refers to the appropriate district or
division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the
permitted activity or the appropriate official of that office acting under the authority of the
commanding officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Proiect Description: The permittee is authorized to remove and replace the docks,
boardwalks, a canoe launch, and wood piles at Pepper Park to improve public safety.
The existing pilings would remain as the decking and stingers would be replaced. The
docks would be replaced in accordance with American Disability Act (ADA)
requirements and wheel chair accessibility would be improved. Additionally, two docks
(Dock #1 and #2) would be replaced with a 6-foot wide by 25-foot'long terminal
platform. Dock #1 shall be construct no less than 5 feet above mean high water while
Dock # 2 shall be constructed as a floating dock. Approximately 7,860 square feet (sf)
of wood decking would be removed and replaced in the same footprint as existing, of
which 5,375 square feet of the proposed structures would be constructed with grated
decking material.
Dock Dimensions
feet
Existing Wood Decking
(square feet
Proposed Grated Decking
(square feet
oek{i1
5'
4"
wide, 197',Iong
1,050
755
Dock #2
5' 4"
wide, 245'
long
1,305
925
Dock #3
5'
4"
wide, 188'
Ion
1,002
676
Dock #4
5'
4"
wide, 113'long
602
405
Dock #5
5'
4"
wide, 113'
long
602
405
Dock #6
5'
4"
wide 182'
long
970
650
Dock #7
5'
4"
wide, 231'
long
1,231
825
Dock #8
5' 4"
wide, 206'
long
1,098
735
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 2 of 10
The work described above is to be completed in accordance with the three (3) pages of
drawings and nine (9) additional attachments affixed at the end of this permit
instrument.
Project Location: Pepper Park is located within navigable waters of the United States
(U.S.) in Wildcat Cove in the Indian River Lagoon adjacent to Pepper Park on
Hutchinson Island, Fort Pierce, Section 25, Township 34 south, Range 40 east, St.
Lucie County, Florida.
Directions to site: From U.S. Highway 1 in Fort Pierce, travel east (right) onto County
Road (CR) 605 (also known as Old Dixie Highway/State Road A1A). Travel on State
Road A1A for 3.8 miles. Pepper Park entrance is on the left (west of State Road A1A).
Approximate Central Coordinates: Latitude: 27.4959° Longitude:-80.30160
Permit Conditions
General Conditions:
1. The time limit for completing the work authorized ends on December 21, 2020.
If you find that you need more time to complete the authorized activity, submit your
request for a time extension to this office for consideration at least one month before the
above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort 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
and the mailing address 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.
V
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 3 of 10
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 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.
Special Conditions:
1. Self Certification: Within 60 days of completion of the work authorized, the
attached Self -Certification Statement of Compliance must be completed and submitted
to the U.S. Army Corps of Engineers (Attachment 2). Mail the completed form to the
Regulatory Division, Special Projects and Enforcement Branch, Attn: Jose Rivera, 4400
PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410.
2. Assurances of Navigation: 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 or alteration.
3. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties listed in
the National Register of Historic Places (NRHP) or those eligible for inclusion in the
NRHP.
b. If during the ground disturbing activities and construction work within the permit
area, there are archaeological/cultural materials encountered which were not the
subject of a previous cultural resources assessment survey (and which shall include,
but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics,
stone tools or metal implements, dugout canoes, evidence of structures or any other
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 4 of 10
physical remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all work and
ground -disturbing activities within a 100-meter diameter of the discovery and notify the
Corps within the same business day (8 hours). The Corps shall then notify the Florida
State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic
Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise
appropriate actions.
c. Additional cultural resources assessments may be required of the permit area in
the case of unanticipated discoveries as referenced in accordance with the above
Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in
accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall hot resume on non-federal lands without written
authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.
d. In the unlikely event that unmarked human remains are identified on non-federal
lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work
and ground disturbing activities within a 100-meter diameter of the unmarked human
remains shall immediately cease and the Permittee shall immediately notify the medical
examiner, Corps, and State Archeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume without written authorization from the
State Archeologist and from the Corps.
4. Dock,Design: The Permittee shall construct Dock #1 no less than 5-feet above
mean high water.
5. Staging Area: All staging areas shall be limited to upland areas and in a manner
that would not cause water quality impacts to the Indian River Lagoon.
6. Manatee Condition: The Permittee shall comply with the enclosed (Attachment 3)
"Standard Manatee Conditions for In -Water Work — 201 V'
L-
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 5of10
7. Endangered Species: The Permittee agrees to comply with all of the activity
specific Project Design Criteria (PDCs) listed in the National Marine Fisheries Service's
(NMFS) Statewide Programmatic Biological Opinion (SWPBO), dated December 4,
2015. Failure to comply with these conditions could result in enforcement action by the
Corps and/or NMFS.
8. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with
National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction
Conditions" dated March 23, 2006, (Attachment 4). .
9. Turbidity Controls:
a. Shall be used throughout construction to control erosion and siltation and ensure that
turbidity levels within the project area do not exceed background conditions.
b. Shall be made of material in which listed species cannot become entangled (i.e.,
reinforced impermeable polycarbonate vinyl fabric [PVC]), and shall be monitored to
ensure listed species are not entangled or trapped in the project area.
c. Shall be removed promptly when the work is complete and the water quality in the
project area has returned to background conditions.
d. Shall not block entry to or exit from designated critical habitat.
10. Species Reporting: Any collision(s) with and/or injuries to any sea turtle or sawfish
occurring during the construction of a project, shall be reported immediately to
NMFS's Protected Resources Division (PRD) at (727-824-5312) or by email to
takereportnmfsserfcilnoaa aov and CESAJ-ComolvDocsna usace.army.mil. Sea
turtle and marine mammal stranding/rescue organizations' contact information is
available by region at hftr)://www.nmfs.noaa.ciov/r)r/health/networks.htm. Smalltooth
sawfish encounters shall be reported to
http7//www flmnh ufi edulfish/sharks/sawfish/sawriishencounters.html.
*Failure to report take of a federally listed threatened or endangered species may lead
to suspension, revocation, or modification of this authorization. (From Section 3(18) of
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 6 of 10
the Federal Endangered Species Act: The term 'take' means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct.)
11. Marine Life Entrapment: Neither structure nor material or the method of
construction shall pose more than minimal risk of'entrapping fish, marine turtles, or
marine mammals. In -water lines must be industrial grade metal or heavy cables that do
not readily loop and tangle. All in -water lines (rope and cable) must be rigid and cannot
have excess line in the water. Lines may be enclosed in a plastic or rubber sleeve/tube
to add rigidity.
12: Noise Effects Best Management Practices: All projects shall comply with the
requirements of the attached "Noise Best Management Practices for Piling Installation"
(Attachment 5).
13. Educational Signage: The Permittee shall install educational signs in a visible
location on the structure(s) to alert the public of listed species in the area susceptible to
vessel strikes or hook -and -line captures. The most current version of the signs are
available at
(http•//sero nmfs noaa aov/protected resources/section 7/protected species education
al sions/index.html).
14. Monofilament Recycling Bins: Monofilament recycling bins must be installed and
maintained in accordance with the information provided http://mrrp.myfwc.com.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
( ) Section 404 of the Clean Water Act (33 U.S.C. 1344)
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C.1413)
L-
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks'and Recreation Department
PAGE 7 of 10
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local
authorizations required bylaw.
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.
3. 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.
4. 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.
5. 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 4 above).
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 8 of 10
c. Significant new information surfaces which this office did not consider in
reaching the original public interest decision.
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 320.5. 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 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
&O%a6J9;_ /d, /)3
(PERMITTEE) (DATE)
Mr. Matt Baum
St. Lucie County Parks and Recreation Department
/4 q r r -84,4 M
(PERMITTEE NAME -PRINTED)
This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has signed below.
Di"- signed by NCESAMA AWGH.125)3713]0
RICE.SAMANTHA.LEIGH.1257372320 brn-. Uff. MUH A1flGentc313M OU=PM, .,-USA,
Date. 2015.122815: :1"STY
(DISTRICT ENGINEER) (DATE)
Jason A. Kirk
Colonel, U.S. Army
District Commander
PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ)
PERMITTEE: St. Lucie County Parks and Recreation Department
PAGE 9 of 10
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 below.
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
IN
SECTION 25, TOWNSHIP 34 SOUTH, RANGE
SAINT LUCIE COUNTY, FLORIDA
PREPARED FOR
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SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ-2005-03956 (SP-AAZ)
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).
Signature of Permittee
Full Name of Permittee (printed or typed)
Date
a
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. - All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
C. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on -site project personnel are responsible for observing water -related activities for the presence
of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for
north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at
lmoe riledSoecies0_myF W C. com
Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8 %' 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.
All project vessels
IDLE SPEED / NO WAKE
n
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:
G'TF
1-888-404-FWCC (3922)
cell * FWC or #FWC
�yT Of CC
ve`d 4 UNITED STATES DEPARTMENT OF COMMERCE
R National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
4 Sf Southeast Regional Office
%mato 26313th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The pennittee shall 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.
b. The permittee shall 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.
c. Siltation barriers shall 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.
d. All vessels associated with the construction project shall 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.
e. 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 shall be
implemented to ensure its protection. These precautions shall 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 shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-f( radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall 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.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
O:\fomts\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc
Noise Best Management Practices (BMPs) for Piling
Installation
The following best management practices are designed to reduce the exposure to sea
turtles, smalltooth sawfish, and sturgeon to potential harmful daily noise exposure levels
associated with pile driving during dock and seawall construction activities.
Noise BMP Plan A (For all projects): Sea Turtle, Smalltooth Sawfish, and Sturgeon
Construction Conditions
The permittee shall comply with the following protected species construction conditions:
a. All construction personnel are responsible for observing water -related activities
to detect the presence of these species.
b. The permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing species protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which protected species cannot
become entangled, be properly secured, and be regularly monitored to avoid
protected species' entrapment. Barriers may not block protected species entry to
or exit from designated critical habitat without prior agreement from the National
Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida.
d. If a protected species is seen within 100 yd of the active daily
construction/dredging operation or vessel movement, all appropriate precautions
shall be implemented to ensure its protection. These precautions shall include
cessation of operation of any moving equipment closer than 50 ft of a protected
species. Operation of any mechanical construction equipment shall cease
immediately if a protected species 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.
e. Any injury to a protected species shall 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.
f. All work must occur during daylight hours.
Noise BMP Plan B (for Impact Pile -Driving Installation of 6 or More Concrete Piles
per Day)
The permittee shall follow all conditions defined in the Noise BMP Plan A above plus the
conditions provided below:
It must be determined if the project occurs in open water or a confined space.
This differentiation is important because if a project occurs in a confined space,
an animal may not move through or past a noise source to escape it. A confined
space is defined as any area that has a solid object (e.g., shoreline, seawall,
jetty) or structure within 150 feet (ft) 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. If the project is located in open water, up to 10 concrete piles measuring up to
24-in diameter may be installed per day.
3. If the project is located in a confined space, up to 5 concrete piles measuring up
to 24-in diameter may be installed per day.
4. If more than 5 piles will be installed per day in a confined space, noise abatement
measures (below) are required for all of the concrete piles installed that day with
a maximum of 10 piles installed per day.
Noise Abatement Measures: Approved noise abatement measures include noise
attenuation piles (TNAP) and/or bubble curtains.
TNAP design must be constructed of a double -walled tubular casing (a casing within a
larger casing), with at least a 5-inwide hollow space completely filled with closed -cell
foam or other noise dampening material between the walls. The TNAP must be long
enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend
at least 3 ft above the surface of the water.
Bubble curtain design must adhere to the guidelines for unconfined and confined
bubble curtains defined below, and be followed as detailed in the USACE permit
application. The use of any other alternative noise control method must receive prior
approval by NMFS and the USACE.
If the required noise abatement measure discussed above cannot be used, then the pile
must be installed by a different method using the appropriate noise BIVIPs defined in this
document. (e.g., concrete piles may be installed by vibratory hammer instead, following
BMP Plan A).
Bubble Curtain Specifications for Pile Driving
When using an impact hammer to drive or proof concrete piles, use one of the following
sound attenuation methods:
1. If water velocity is equal to or less than 1.6 ft per second (1.1 miles per hour) for
the entire installation period, surround the pile being driven by a confined or
unconfined bubble curtain that will distribute small air bubbles around 100% of
the pile perimeter for the full depth of the water column.
a. General - An unconfined bubble curtain is composed of an air
compressor(s), supply lines to deliver the air, distribution manifolds or
headers, perforated aeration pipe, and a frame. The frame facilitates
transport and placement of the system, keeps the aeration pipes
stable, and provides ballast to counteract the buoyancy of the aeration
pipes in operation.
b. The aeration pipe system shall consist of multiple layers of perforated
pipe rings, stacked vertically in accordance with the following:
Water Depth (m)
No. of Layers
0 to less than 5
2
5 to less than 10
4
10 to less than 15
7
15 to less than 20
10
20 to less than 25
13
c. The pipes in all layers shall be arranged in a geometric pattern which
shall allow for the pile being driven to be completely enclosed by
bubbles for the full depth of the water column and with a radial
dimension such that the rings are no more than 0.5 m from the outside
surface of the pile.
The lowest layer of perforated aeration pipe shall be
designed to ensure contact with the substrate without burial
and shall accommodate sloped conditions.
ii. Air holes shall be 1.6 millimeter (mm),(1/16-in) in diameter
and shall be spaced approximately 20 mm (3/4 in) apart. Air
holes with this size and spacing shall be placed in 4 adjacent
rows along the pipe to provide uniform bubble flux.
iii. The system shall provide a bubble flux 3.0 m3 per minute per
linear meter of pipe in each layer (32.91 ft3 per minute per lin
ft of pipe in each layer). The total volume of air per layer is
the product of the bubble flux and the circumference of the
ring:
Vt= 3.0 m3/min/m * Circumference of the aeration ring in m
or
V= 32.91 ft3/min/ft * Circumference of the aeration ring in ft
iv. Meters shall be provided as follows:
• Pressure meters shall be installed at all inlets to aeration
pipelines and at points of lowest pressure in each branch of
the aeration pipeline.
• Flow meters shall be installed in the main line at each
compressor and at each branch of the aeration pipelines at
each inlet. In applications where the feed line from the
compressor is continuous from the compressor to the
aeration pipe inlet, the flow meter at the compressor can be
eliminated.
Flow meters shall be installed according to the
manufacturer's recommendation based on either laminar
flow or non -laminar flow.
2. If water velocity is greater than 1.6 ft per second (1.1 miles per hour) at any point
during installation or if constructing a seawall, surround the pile or area being
driven by a confined bubble curtain (e.g., a bubble ring surrounded by a fabric or
non-metallic sleeve). The confined bubble curtain will distribute air bubbles
around 100% of the pile perimeter for the full depth of the water column,
according to specifications below.
a. General - A confined bubble curtain is composed of an air
compressor(s), supply lines to deliver the air, distribution manifolds or
headers, perforated aeration pipe(s), and a means of confining the
bubbles.
b. The confinement shall extend from the substrate to a sufficient
elevation above the maximum water level expected during pile
installation such that when the air delivery system is adjusted properly,
the bubble curtain does not act as a water pump (i.e., little or no water
should be pumped out of the top of the confinement system).
c. The confinement shall contain resilient pile guides that prevent the pile
and the confinement from coming into contact with each other and do
not transmit vibrations to the confinement sleeve and into the water
column (e.g., rubber spacers, air -filled cushions).
d. In -water less than 15 m deep, the system shall have a single aeration
ring at the substrate level. In -waters greater than 15 m deep, the
system shall have at least 2 rings: 1 at the substrate level and the
other at mid -depth.
e. The lowest layer of perforated aeration pipe shall be designed to
ensure contact with the substrate without sinking into the substrate and
shall accommodate for sloped conditions.
f. Air holes shall be 1.6 mm (1/16-in) in diameter and shall be spaced
approximately 20 mm (3/4 in) apart. Air holes with this size and
spacing shall be placed in 4 adjacent rows along the pipe to provide
uniform bubble flux.
g. The system shall provide a bubble flux of 2.0 m3 per minute per linear
meter of pipe in each layer (21.53 ft3 per minute per lin ft of pipe in
each layer). The total volume of air per layer is the product of the
bubble flux and the circumference of the ring:
Vt = 2.0 m3/min/m * Circumference of the aeration ring in m
or
Vt = 21.53 ft3/min/ft * Circumference of the aeration ring in ft
h. Flow meters shall be provided as follows:
Pressure meters shall be installed at all inlets to aeration pipelines and at
points of lowest pressure in each branch of the aeration pipeline.
ii. Flow meters shall be installed in the main line at each
compressor and at each branch of the aeration pipelines at each
inlet. In applications where the feed line from the compressor is
continuous from the compressor to the aeration pipe inlet, the flow
meter at the compressor can be eliminated.
iii. Flow meters shall be installed according to the manufacturer's
recommendation based on either laminar flow or non -laminar flow.
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
(561)681-6600
April 24, 2015
St. Lucie County Parks and Recreation
c/o Mark DiMascio
2300 Virginia Ave
Fort Pierce, FL 34982
Sent via e-mail: dimsciom@stlucieco.oro
Re: File No.: 56-0331901-001
File Name: St. Lucie County Parks; Pepper Park
Dear Mr. DiMascio:
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
On January 16, 2015, we received your application, and on March 30, 2015, the application was
complete for an exemption to replace eight (8) existing public boardwalks, docks and canoe
launching structures within the same footprint and with the same configuration as the existing
structures. The project is located in Wildcat Cove, Class III Waters, within Pepper Park, located
at 3375 N. Highway AIA, Fort Pierce (Section 26, Township 34 South, Range 40 East), in St.
Lucie County (Latitude N 27° 29' 46.96", Longitude W 80' 18' 5.42").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project did not qualify for the federal review portion of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local authorizations
that may be required for the activity. Please refer to the specific section(s) dealing with that portion
of the review below for advice on how to proceed.
1. Regulatory Review - VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt under Chapter 62-330.051(5)(d), Florida Administrative Code, from the need to obtain a
regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification will expire after
one year, and will not be valid at any other time if site conditions materially change, -the project
design is modified, or the statutes or rules governing the exempt activity are amended. However,
u-mv.dep.stme f1.its
N
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 2 of 6
the activity may still be conducted without further notification to or verification from the
Department after the one-year expiration of this verification, provided: 1) the project design does
not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes
or rules governing the exempt activity. In the event you need to re -verify the exempt status for the
activity after the one-year expiration of this verification, a new application 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. Conditions of compliance
with the regulatory exemption are contained in Attachment A.
2. Proprietary Review —GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under chapters
253 and 258 of the Florida Statutes, and chapters 18-18, 18-20 and 18-21 of the Florida
Administrative Code.
Your project will occur on sovereignty, submerged land and will require authorization from the
Board of Trustees to use public property. As staff to the Board of Trustees, we have reviewed the
proposed project and have determined that, as long as they are located within the described
boundaries of Sovereignty Submerged Lands Lease No. 561411748 and is consistent the attached
general consent conditions, no further authorization from the Board of Trustees is required.
General Conditions for State -Owned Submerged Land Authorizations:
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of the
grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any species
which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004,
and 68A-27.005, F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the structure
or activity shall be modified in accordance with the court's decision.
N
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 3 of 6
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C.,
within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i) Structures or activities shall be constructed,
dependent purposes, or for non -water dependent
21.004(1)(f), F.A.C., or any other applicable law.
3. Federal Review — SPGP NOT APPROVED
operated, and maintained solely for water
activities authorized under paragraph 18-
Your proposed activity as outlined on your notice and attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization may be required from the Corps. A copy of your permit application has
been forwarded to the Corps for their review. The Corps will issue their authorization directly to
you or contact you if additional information is needed. If you have not heard from the Corps within
30 days from the date your application was received at the local FDEP Office, contact the Corps
at the Palm Beach Gardens Regulatory Field Office at (561) 472-3530, for status and further
information. Failure to obtain Corps authorization prior to construction could subject you
to federal enforcement action by that agency.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to insure compliance with appropriate statutes and administrative codes. If the activities are not
in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until further order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means that the
Department's final action may be different from the position taken by it in this notice.
Petition for Administrative 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 Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 4 of 6
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 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 of publication of the notice or within 21 days of receipt
of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person
who has asked the Department for notice of agency action may file a petition within 21 days of
receipt of such notice, regardless of the date of publication. The failure to file a petition within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding
and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of 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, before the
applicable 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.
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 5 of 6
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 the order is filed with the Clerk of the Department.
Judicial Review
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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure,
with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of
the Department.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
you have any questions regarding this matter, please contact Irene Arpayoglou at the letterhead
address or at (772) 467-5557 or by email at hene.Arpayoelou@deI2.state.fl.us
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRG�1Fd�IENT PROTECTION
�d y I ay �1.5'
Benny Luedike
Environmental Administrator
Submerged Lands and Environmental
Resource Program
Enclosures:
Attachment A- Specific Exemption Rule
Attachment B- Newspaper Publication
Project Drawings, 14 pages
Copies furnished to:
Richard Ohnmacht, FDEP-Compliance and Enforcement, Richard.Ohnmacht@dep.state.fl.us
USACOE- Palm Beach Gardens, FDEP-SP@usace.armv.mil
Steven Doyle, Hobe Sound Environmental Consultants; sdovle@ct-eng.com
UI
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 6 of 6
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby ce tes at this determination,
including all copies, was mailed before the close of business on dI to the above
listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
Clerk Date
Oculus: ERP/Permitting Authorization/ERP_331901/Permit FinaUERP Exemption-EE/001
Ip
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance
with Section 403.813(1)(d), F.S., provided the existing structure is still functional or has been
rendered non-functional within the last year by a discrete event, such as a storm, flood, accident,
or fire.
Attachment B
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
File No.: 56-0331901-001
The Department of Environmental Protection gives notice that the project to replace eight (8) existing public boardwalks,
docks and canoe launching structures within the same footprint and with the same configuration as the existing structures has been
determined to be exempt from requirements to obtain an Environmental Resource Permit. The project is locatedtin Wildcat Cove,
Class III Waters, within Pepper Park, located at 3375 N. Highway AIA, Fort Pierce (Section 26, Township 34 South, Range 40
East), in St. Lucie County (Latitude N 270 29' 46.96", Longitude W 800 18' 5.42").
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 of the Florida Statutes. The petition must contain the information set forth
below and 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.
Mediation is not available.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be
affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be
permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the
Florida Administrative Code.
In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of
publication of the notice or receipt ofwritten notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative
Code, 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 prior to the applicable deadline. 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. Upon motion by the requesting
party showing that the'failure to file a request for an extension of time before the deadline was the result of excusable neglect, the
Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The
failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of
that right.
A petition that disputes the material facts on which the Department's action is based 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, and telephone number of the petitioner; the name, address, and telephone number of the
petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an
explanation of how the petitioner's substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal
or modification of the agency's proposed action;
(f) A statement of the specific rates or statutes that the petitioner contends require reversal or modification of the
agency's proposed action; 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.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts
are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by
the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination of exemption are available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 3301 Gun Club Road, MSC
7210-1, West Palm Beach, Florida 33406.
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