1280 W PLAZA RESO24-0016 DOCK ,'IVY1.41,40 BUILDING PERMIT APPLICATION FOR INTERNAL OFFICE USE ONLY
City of Atlantic Beach Building Department
PERMIT# c—�eZ `00(0
800 Seminole Road, Atlantic Beach, FL 32233
**ALL information required to process
� y' % Phone: (904) 247-5826 Email: Building-Dept@coab.us
Job Address 1280 West Plaza Atlantic Beach,FL 32233 RE# 170979-0000
Legal Description 18-34 38-25 29E 1.824
Valuation of Work(Replacement Cost) 52870.00 Heated/Cooled SF Non-Heated/Cooled SF
•Class of Work: El New ❑Addition DAlteration ❑Repair ❑Move ❑Demo ❑Pool ❑Window/Door
•Use of existing/proposed structure(s): ❑Commercial EResidential • If existing structure, is a fire sprinkler system installed?:❑Yes El No
•Will tree(s)be removed in association with proposed project? ❑Yes (Must submit separate Tree Removal Permit) El No
Describe in detail the type of work to be performed:
Residential Wood/Composite dock
Florida Product Approval# (For multiple products use Product Approval Information Sheet)
Property Owner Information Name James Brown Phone 904-716-8352
Address 1280 W Plaza Drive City Atlantic Beach State FL Zip 32233
Email jwb4609@aol.com Owner or Agent(If Agent,Power of Attorney or Agency Letter Required)
Contractor Information Name of Company Serenity Brothers INC Phone 904-444-1552
Address 441 Lane Ave N City Jacksonville State FL Zip 32254
Qualifying Agent Wayne Bevis State Certification/Registration# SCC131151881
Email waynebevis@serenitybrothers.com Job Site Contact Number 904-444-1552
Worker's Compensation Insurer ALMA OR Exempt ❑ Expiration Date 09/28/2024
Architect's Name N/A Email Phone
Engineer's Name N/A Email Phone
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has
commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating
construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING,SIGNS,
WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS, and AIR CONDITIONERS,etc.
NOTICE:In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in
the public records of this city/county,and there may be additional permits required from other governmental entities such as water
management districts,state agencies, or federal agencies.
OWNER'S AFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable
laws regulating construction and zoning.
**WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT
IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT
MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST
INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATT RNEY BEFORE RECORDING YOUR N i � :MMENCEMENT.
�y
(Signatu of Owner or Agent) ignature of . .ctor)
ed and sworn to(or a it ed) befo i me`his 2day of Signed and sworn to(or affi 1• -d)before t 2' 0 day of
tt 2, by 11. FG
. ?Rvt..J . LpJ4r 7
,1-01- by "
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Signature of Notary 1tL Signature of Notary
personally Known OR [ ] Produced ntifica n [ ] Personally Known OR [ ] Produced Iden ' ' ation
Type of Identification: Type of Identification:
a�`.'• ••ti.;•; TONI GINDLESPERGER
MY COMMISSION#HH 407122 TONI GINDLESPERGER
EaF F oe; EXPIRES:October 8,2027 MY COMMISSION#HH 407122
- �•.- E'`'aP EXPIRES:October 6,2027
From: Broedell,Brian
To: "Ramesh Buch"
Cc: Rianna Elliott;Roney Gutierrez
Subject: RE:River Branch Easement
Date: Wednesday,September 20,2023 8:10:00 AM
Attachments: image001.Dnq
Thank you.
From:Ramesh Buch[mailto:rbuch@nflt.org]
Sent:Tuesday,September 19,2023 5:27 PM
To: Broedell, Brian<bbroedell@coab.us>
Cc: Rianna Elliott<RElliott@nflt.org>; Roney Gutierrez<rgutierrez@nflt.org>
Subject: RE: River Branch Easement
Hi Brian.
All I can tell you is what I sent below.... Based on our files and state claim of sovereign submerged lands,
the dock does not violate the CE so long as it remains within the applicant's property boundary(as
extended perpendicularly from his property lines as they intersect the shoreline)and does not extend
onto uplands south of the applicant's property onto property that is encumbered by the CE as depicted
by the redlines in the map below.
From: Broedell, Brian<bbroedell@coab.us>
Sent:Tuesday,September 19,2023 3:26 PM
To: Ramesh Buch<rbuch@nflt.org>
Cc: Rianna Elliott<RElliott@nflt.org>; Roney Gutierrez<rgutierrez@nflt.org>
Subject: RE: River Branch Easement
CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good afternoon,
Is there any update on this permit?
Thank you,
Brian
From:Ramesh Buch[mailto:rbuch@nflt.org]
Sent: Friday,September 15, 2023 10:24 AM
To: Broedell, Brian<bbroedellna coab.us>
Cc: Rianna Elliott<RElliott@nflt.org>; Roney Gutierrez<rgutierrez@nflt.org>
Subject: RE: River Branch Easement
Looks like 16'6" of width (assuming it is centered on the shoreline)?The shoreline is 195 feet so it is
within the extent of the property as extended into our CE.I depicted the CE extent in red outline and a
rough approximation of the Dock in white on the screenshotbelow.
What makes this decision difficult is that the CE does not encumber state sovereign lands(in this case
any navigable waterway).So I am not sure if we can us the CE to prohibit the Dock as an inconsistent use.
Clearly if it extended past the immediately adjacent water fronting the applicant's property onto uplands,
that is a violation, and we would enforce against CoAB. It does not appear to in this case. I understand
the applicant may still need FDEP approval for use of state waters.
We'll discuss with NFLT Leadership on Monday and get back to you.
From:Broedell,Brian<bbroedell@coab.us>
Sent: Friday,September 15, 2023 8:29 AM
To: Ramesh Buch<rbuch@nflt.org>
Cc: relliot@nflt.org
Subject: FW: River Branch Easement
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
!recognize the sender and know the content is safe.
See attached,the first file I tried to send was too large.
From: Broedell, Brian
Sent: Friday, September 15, 2023 8:27 AM
To:'Ramesh Buch'<rbuch@nflt.org>
Cc:Rianna Elliott<RElliott@nflt.org>
Subject:RE:River Branch Easement
Good morning,
Attached is the permit for the dock.The proposed dock would extend 30 feet"into"the water and
include 524 square feet of dock over the water. Let me know what you think.
Thank you,
Brian Broedell,AICP
Principal Planner&Environmental Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
(904)247-5822
bbroedell@coab.us
Want to receive City of Atlantic Beach news by email?Just soy so in on email to info@coab.us.
Follow the City of Atlantic Beach on Facebook.
...................................
Florida has a very broad Public Records Law.Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request.Your email
communications,including your email address,may therefore be subject to publicdisclosure.
From: Ramesh Buch [mailto:rbuch@nflt.org]
Sent:Thursday,September 14,2023 5:57 PM
To: Broedell, Brian<bbroedell@coab.us>
Cc: Rianna Elliott<RElliott@nflt.org>
Subject: RE: River Branch Easement
Hi Brian.
Thanks for reaching out.
I think you would be correct so long as the dock remains in the landward property as it would extend into
the waterbody perpendicular to its shoreline. Coastal permitting used to be governed by the ACOE D5
triangle.Is that still used? If so,so long as it remains inside the triangle,it would be fine. Before we were
to issue a formal"OK" I'd want to know how long the dock is and wide the terminal platform. Do you
have plans you can share with us?
From: Broedell, Brian<bbroedell@coab.us>
Sent:Wednesday,September 13,2023 9:51 AM
To: Ramesh Buch<rbuch@nflt.org>
Cc: Rebecca Perry<rperry a@NFLT.org>
Subject: River Branch Easement
CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning,
I am reviewing a dock permit in Atlantic Beach at 1280 W Plaza Rd(see attached).Based on the property
appraiser GIS,it doesn't appear that this property is adjacent to the River Branch Easement maintained
by the NFLT and that a dock would not violate the easement. However, I wanted to reach out and
confirm this with you prior to permitting the dock. Let me know if you have any questions or need
further information.
Thank you!
Brian Broedell,AICP
Principal Planner&Environmental Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
(904)247-5822
bbroedell@coab.us
Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.
Follow the City of Atlantic Beach on Facebook.
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request.Your email
communications,including your email address,may therefore be subject to publicdisclosure.
Want to receive City of Atlantic Beach news by email?Just say so in an email to infoPcoab.us.Follow the
City of Atlantic Beach on Facebook at www.facebook.corn/cityofatlanticbeach.Florida has a very broad
public records law. Most written communications to or from state and local officials and agencies
regarding state or local business are public records available to the public and media upon request.Your
email communications,including your email address,may therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.Follow the
City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach.Florida has a very broad
public records law. Most written communications to or from state and local officials and agencies
regarding state or local business are public records available to the public and media upon request.Your
email communications, including your email address,may therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us. Follow the
City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach.Florida has a very broad
public records law. Most written communications to or from state and local officials and agencies
regarding state or local business are public records available to the public and media upon request.Your
email communications,including your email address,may therefore be subject to public disclosure.
,
JOB COPY
p IPA 4 r eFLORIDA DEPARTMENT OF Ron Mantis Governor
0
04
Environmental Protection Jeanette Huila
It,Governor
1, e
0 de. Northeast District
4„_ 0 Shawn Hamilton
""tivrAt.9.4" 8800 Baymeadows Way West,Suite 100 Secretary
Jacksonville,Florida 32256
April 19, 2023
RECEIVED
James Brown 8y Toni Gindlesperger at 9:31 am,Aug 28,2023
1280 West Plaza
Jacksonville, Florida 32233
gmacleodAkenyonmc.com
File No.: 16-0197080-001-EE,Duval County
Dear Mr. Brown:
On March 1,2023,we received your request for verification of exemption to perform the following
activities:
To construct a single-family dock less than 1,000 square feet in the intercoastal waterway,a Class III
Florida waterbody located at 1280 West Plaza, Jacksonville Florida, 32233 in Section 38,Township 2
South,and Range 29 East in Duval County.
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 Tatianna Floyd at the letterhead address
or at 904-256-1572 or Tatianna.A.Flowl@floridadep.gov
I. 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),Florida Administrative Code, from the need to obtain a regulatory permit
under Part IV of Chapter 373 of the Florida Statutes.
File Name: Brown Dock
FDEP File No.: 16-0197080-001-EE
Page 2 of 19
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,a
new 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-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 18-20 and 18-21 of the Florida Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The
activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the
Board of Trustees,the Department has reviewed the activity described above,and has determined that
the activity qualifies for a letter of consent under Section 253.77, Florida Statutes,to construct and use
the activity on the specified sovereign submerged lands, as long as the work performed is located within
the boundaries as described herein and is consistent with the terms and conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland
interest as required by paragraph 18-21.004(3)(b),Florida Administrative Code. If such interest is
terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of
this Letter of Consent,this Letter of Consent may be terminated by the Board of Trustees at its sole
option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or
defense against the Board of Trustees arising out of this Letter of Consent.
Special Consent Conditions
1. The applicant agrees to indemnify,defend and hold harmless the Board of Trustees and the State
of Florida from all claims, actions, lawsuits and demands in any form arising out of the
authorization to use sovereignty submerged lands or the applicant's use and construction of
structures on sovereignty submerged lands. This duty to indemnify and hold harmless will
include any and all liabilities that are associated with the structure or activity including special
assessments or taxes that are now or in the future assessed against the structure or activity during
the period of the authorization.
2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or
waiver by the Board of Trustees of any provision of the authorization will not invalidate the
provision not enforced or waived,nor will the failure to enforce or a waiver prevent the Board of
Trustees from enforcing the unenforced or waived provision in the event of a violation of that
provision.
File Name: Brown Dock
FDEP File No.: 16-0197080-001-EE
Page 3 of 19
3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set
forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply
with the provisions and conditions of the authorization,the authorization may be terminated by
the Board of Trustees after written notice to the applicant or its successors or assigns. Upon
receipt of such notice,the applicant or its successors or assigns will have thirty(30) days in
which to correct the violations. Failure to correct the violations within this period will result in
the automatic revocation of this authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by certified
mail at the address shown on page one of the authorization. The applicant will notify the Board
of Trustees in writing of any change of address at least ten days before the change becomes
effective.
5. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities
All authorizations granted by rule or in writing under Rule 18-21.005,F.A.C.,except those for geophysical
testing, shall be subject to the general conditions as set forth in paragraphs (a) through (j) below. The
general conditions shall be part of all authorizations under this chapter,shall be binding upon the grantee,
and shall be enforceable under Chapter 253 or 258,Part II,F.S.
(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.G.
, File Name: Brown Dock
FIiEP File No.: 16-0197080-001-EE
Page 4 of 19
(I) 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.
(g) Structures or activities shall not create a navigational hazard.
(h)Activities shall not interfere with the public easement for traditional uses of the sandy beaches
provided in section 161.141, F.S.
(i)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.
(j) Structures or activities shall be constructed, operated, and maintained solely for water dependent
purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(g), F.A.C.,or
any other applicable law.
3. Federal Review-SPGP Approved
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit VI-RI, and a SEPARATE permit or
authorization will not be required from the U.S. Army Corps of Engineers. Please note that the Federal
authorization expires on July 27, 2026. However,your authorization may remain in effect for up to 1
additional year, if provisions of Special Condition 15 of the SPGP VI-R1 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 VI-
RI with all terms and conditions and the General Conditions may be found online in the Jacksonville
District Regulatory Division Sourcebook(https://www,saj.usace,army.mil/MissionsfRegulatory/Souree-
B9_40.
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.
File Name: Brown Dock
FIiEP File No,: 16-0197080-001-EE
Page 5 of 19
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 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;
(0 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 Alm Clerk de+,state.fl. 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-I 10,106(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 of publication of
the notice or within 21 days of receipt of the written notice, whichever occurs first. 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
File Name: Brown Dock
FE5EP File No.: 16-0197080-001-EE
Page 6 of 19
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),
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 62-1 10.106(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 flied 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 A tem lerk • de .state.11.us, before the deadline for tiling 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.
Jjdicial 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.
EXECUTION AND CLERKING
Executed in Jacksonville, Florida.
STATE OF FLO IA DEPARTMENT OF ENVIRONMENTAL PROTECTION
/1
edif
Paul Duff b, CWE
Environmental Manager
Fie Name: Brown Dock
FDEP File No.: 16-0197080-00 I-EF
Page 7 of 19
Enclosures:
62-330.051(5)F.A.C.
Special Conditions for Federal Authorization for SPGP VI-R1
General Conditions for Federal Authorization for SPGP VI-RI
Commencement Notification for SPGP VI-RI
PDC's for In-Water Activities for SPGP VI-RI
Self-Certification Statement of Compliance for SPGP VI-R1
Department of the Army Permit Transfer for SPGP VI-RI
Location Map, 1 page
Project drawings, 4 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:
Brian Spahr,briansphrkyahoo.com
Katie Miller,FDEP NED
Paul Duff, FDEP NED
Shannon Taylor, FDEP NED
Tatianna Floyd, FDEP NED
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.
I I
! April 19, 2023
Clerk Date
•
Fi,le Name: Brown Dock
FDEP File No.: 16-0197080-001-EE
Page 8 of 19
p 62-330.051 Exempt Activities
(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.
Fie Name: Brown Dock
FEAT File No.: 16-0197080-001-BB
Page 9 of 19
Special Conditions for Federal Authorizations for SPGP VI-RI
Authorization,design and construction must adhere to the terms of the SPGP VI instrument
including the General Conditions for All Projects, Special Conditions for All Projects,
Applicable activity-specific special conditions,Procedure and Work Authorized sections.
2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 28,from
PDCs AP.7 through API I, inclusive,of JAXBO) (Reference: JAXBO PDC AP.I.),
3. All activities must be performed during daylight hours (Reference: JAXBO PDC AP.6.).
4. For all projects involving the installation of piles, sheet piles,concrete slab walls or boatlift I-
beams(Reference Categories A,B and C of JAXBO PDCs for In-Water Noise from Pile and
Sheet Pile Installation, page 86):
a. Construction methods limited to trench and fill, pilot hole (auger or drop punch), jetting,
vibratory, and impact hammer(however, impact hammer limited to installing no more than 5 per
day).
b. Material limited to wood piles with a 14-inch diameter or less,concrete piles with a 24-inch
diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal boallift I-beams,
concrete slab walls, vinyl sheet piles,and metal sheet piles.
c. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized
(Reference: Categories D and E of JAXI3O PDCv far In-Water Noise from Pile and Sheet Pile
Installation,page 86.).
d. 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),
5. The Permittee shall comply with the"Standard Manatee Conditions for In-Water Work
2011"(Attachment 29).
6. 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/Pennittee'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.flus, 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
archaeological/cultural 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
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vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at
850-245-6333 and the Corps Regulatory Archeologist at 904-232-3270 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 Archeologist at 904-232-3270 shall immediately be notified. Such activity shall not
resume unless specifically authorized by the State Archaeologist and the Corps.
7. 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 particularactivity.
8. Mangroves. The design and construction of a Project must comply with the following(Reference:
JAXBO PDCs AP.3 and AP.12.):
a. All projects must be sited and designed to avoid or minimize impacts to mangroves.
b. Mangrove removal must be conducted in a manner that avoids any unnecessary removal and
is limited to the following instances:
(1) Removal to install up to a 4-ft-wide walkway for a dock.
(2) Removal of mangroves above the mean high water line(MHWL)provided that the
tree does not have any prop roots that extend into the water below the MHWL.
(3) Mangrove trimming. Mangrove trimming refers to the removal(using hand equipment
such as chain saws and/or machetes)of lateral branches(i.e.,no alteration of the trunk of the tree)
in a manner thatensures survival of the tree.
(a) Projects with associated mangrove trimming waterward of the MHWL are authorized
if the trimming: (a)occurs within the area where the authorized structures are placed or will be
placed(i.e.,removal of branches that overhang a dock or lift),
(b) is necessary to provide temporary construction access,and(c) is conducted in a manner that
avoids any unnecessary trimming.
(b) Projects proposing to remove red mangrove prop roots waterward of the MHWL are
not authorized, except for removal to install the dock walkways as described above.
9. For Projects authorized under this SPGP VI in navigable waters of the U.S., the Permittee
understands and agrees that, if future operations by the United States require the removal,
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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.
•
10. Notifications to the Corps. For all authorizations under this SPGP VI, including Self-
Certifications,the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. Within 10 days from the date of initiating the work authorized
by this permit the Permittee shall submit a completed "Commencement Notification" form
(Attachment 8).
b. Corps Seff: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 9)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 10),
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: 5M-RD-Enforcement@usace.army.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals.
11. The District Engineer reserves the right to require that any request for authorization under this
SPGP VI be evaluated as an Individual Permit. Conformance with the terms and conditions of
the SPGP VI does not automatically guarantee Federal authorization.
12. On a case-by-case basis, the Corps may impose additional Special Conditions which arc
deemed necessary to minimize adverse environmental impacts.
13. Failure to comply with all conditions of the SPGP VI constitutes a violation of the Federal
authorization.
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14. The SPGP VI will be valid through the expiration date 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 expiration date,is not contrary to the public interest.The SPGP VI will not be
extended beyond the expiration date but may be replaced by a new SPGP. If revocation occurs,
all future applications for activities covered by the SPGP VI will be evaluated by the Corps.
15. If the SPGP VI 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 VI will remain in effect provided the activity is completed within 12
months of the date the SPGP VI expired or was revoked.
Special Conditions for Docks. Piers,Associated Facilities, and other Minor Piling-Supported
Structures,
16. Chickees must be less than 500 ft2 and support no more than 2 slips(Reference: JAXBO PDC
A2.1.6.).
17. The design and construction of a Project over marsh (emergent vegetation)must comply with
the following:
a. The piling-supported structure shall be aligned so as to have the smallest over-marsh
footprint as practicable.
b. The over-marsh portion of the piling-supported structure(decking)shall be elevated to
at least 4 feet above the marsh floor.
c. The width of the piling-supported is limited to a maximum of 4 feet.Any exceptions
to the width must be accompanied by an equal increase in height requirement.
18. Mangroves. For pile-supported structures,the following additional requirements for mangroves
found 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"U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017(Attachment 11)shall
apply:
a. The width of the piling-supported structure is limited to a maximum of 4 feet.
b. Mangrove clearing is restricted to the width of the piling-supported structure.
c. The location and alignment of the piling-supported structure should be through the
narrowest area of the mangrove fringe.
19. Regarding SAV,the design and construction of a Project must comply with the following:
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a. A pile supported structure
(1) 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
(2) 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),but outside of
the range of Johnson's seagrass(the range of Johnson's seagrass is defined as Turkey
Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of
Florida)will be constructed to the following standards:
(a) If no survey is performed in accordance with the methods described in the Procedure
section of this document, section 1.3, then SAV is presumed present and the pile-supported
structure 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"U.S. Army Corps of Engineers/National
Marine Fisheries Service updated November 2017(Attachment 11). For the purposes of SPGP,
two uncovered boatlifts are allowed.
(i) If the pile supported structure is currently serviceable,repair and replacement may
occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts and minor structures in Monroe County may be installed within existing boat
slips without completion of a SAV survey. Boatlift accessory structures,like catwalks,shall
adhere to "Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat"U.S.
Army Corps of Engineers/National Marine Fisheries Service updated November 2017
(Attachment 11) if a SAV survey has not been completed.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater,as measured
from the waterward face(wet face)of the seawall).
(b) If a survey is performed in accordance with the methods described in the Procedure
section of this document,section 1.3, and SAV is present(including seagrass,tidal freshwater
SAV and emergent vegetation), then the pile-supported structure 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"U.S.Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are
allowed.
(i) If the pile supported structure is currently serviceable,repair and replacement may
occur in the same footprint without completion of a benthic survey.
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(ii) Boatlifts may be installed within existing boat slips without completion of a SAV
survey.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater,as measured
from the waterward face(wet face)of the seawall).
(c) If a survey is performed in accordance with the methods described in the Procedure
section of this document,section 1.3, and SAV is absent(including seagrass,tidal freshwater
SAV and emergent vegetation),then no design restrictions are required and boatlifts may
include a cover.
(d) 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 Johnson's seagrass(the range of Johnson's seagrass is
defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the
east coast of Florida)but not within Johnson's seagrass critical habitat will be constructed to the
following standards:
(iii) If no survey is performed in accordance with the methods described in the Procedure
section of this document, section I.3,then seagrass is presumed present and the pile-supported
structure 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"U.S. Army Corps of Engineers/National
Marine Fisheries Service updated November 2017(Attachment 11)with the sole exception of the
number of allowable boat lifts. For the purposes of this permit,two uncovered boatlifts are
allowed.
(e) If a survey is performed in accordance with the methods described in the Procedure
section of this document,section 1.3,and SAV is present(including seagrass,tidal freshwater
SAV and emergent vegetation),THEN pile-supported structure 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"U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017(Attachment 11).For the purposes of this permit, two uncovered boatlifts are
allowed.
(f) If a survey is performed in accordance with the methods described in the
procedure section of this document,section I.3,and SAV is absent(including seagrass,
tidal freshwater SAV and emergent vegetation),THEN no design restrictions are required
and boatlifts may include a cover.
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(g) A pile supported structure located within Johnson's seagrass critical habitat will
be constructed to the following standards:
(i) If no survey is performed in accordance with the methods described in the Procedure
section of this document,section I.3,then seagrass is presumed present and the pile-supported
structure 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"U.S. Army Corps of Engineers/National
Marine Fisheries Service updated November 2017(Attachment 11)with the sole exception of the
number of allowable boat lifts. For the purposes of this permit, two uncovered boatlifts are
allowed.
(ii) If a survey is performed in accordance with the methods described in the Procedure
section of this document,section I.3,and SAV is absent and the project is
1. A dock replacement in the same footprint,no design restrictions are required.
2. A new dock or dock expansion THEN pile-supported structure 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"U.S.Army Corps of
Engineers/National Marine Fisheries Service updated November 2017(Attachment
11). For the purposes of this permit,two uncovered boatlifts are allowed.
(iii) If a survey is performed in accordance with the methods described in the
Procedure section of this document,section I.3,and SAV is present(including seagrass,tidal
freshwater SAV and emergent vegetation),then pile-supported structure 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"U.S.Army Corps of Engineers/National Marine
Fisheries Service updated November 2017(Attachment 11).For the purposes of this permit,
two uncovered boatlifts are allowed.
20. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 30)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 the North Atlantic Right Whale Information Form to their authorizations
for any dock project(new construction,repair, or replacement)at a private residence located
within 11 nautical miles of an inlet that leads to areas within the known range of North Atlantic
right whale.These zones,with an 11 nm radius, are described by the North Atlantic Right
Whale Educational Sign Zones,Attachment 7 (from Section 2.1.1.4 of JAXBO,pages 31 and
32,inclusive). (Reference JAXBO PDC A2.4).
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21. 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. 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:
htt s:// ww fi he es no a.lov/ outheast/consultations/ rotected-s -c'e - • c;tion,1- i ns). The
signs required to be posted by area are stated below:
https://www.fisheries,noaa.gov/southe..tic 1'ins •ro ected-Tecies-educational-signs
(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) Projects within the North Atlantic right whale educational sign zone shall post the
Help Protect North Atlantic Right Whales sign.
(3) 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.
22. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament
recycling bins must be provided as described below(Reference: The below replicates PDC
A,2.3 within the table PDCs Specific to Activity 2 --Pile Supported Structures and Anchored
Buoys, the PDC itself on page 113 of the JAXBO,):
a. 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) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
(2) Be maintained in working order and emptied frequently(according to
htwilmrrp.myfwe.com standards) so that they do not overflow.
23. 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:
h ://m fwc.com/w. dlifeha,itatimana led/sea-turtle Ii htin t (Reference: JAXBO PDC A2.8.).
24. Construction Location. Project construction shall take place from uplands or from floating
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equipment(e.g., barge);prop or wheel-washing is prohibited(Reference: JAXBO PDC A2.9.).
25. Aids to Navigation(ATONs).ATONs 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.).
26. Aids to Navigation(ATONs)in Acropora critical habitat.The distance from ATONs to ESA-
listed corals and Acropora critical habitat(Attachment 20)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 between the anchor chain or line and the marine bottom
(Reference: JAXBO PDC A2.10.).
27. Within Loggerhead sea turtle critical habitat(Reference: JAXBO PDC A2.15.):
(1) ATONs(pile-supported and anchored buoys)are allowed in nearshore reproductive
habitat of the Northwest Atlantic Distinct Population Segment(NWA DPS) of loggerhead sea
turtle critical habitat.
(2) No other pile-supported structures are allowed in nearshore reproductive habitat.
General Conditions for All Projects:
1. The time limit for completing the work authorized ends on July 27.2026.
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(Attachment 10)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.
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6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State,or local
authorizations required by law.
b. This permit does not grant any property rightsor exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by oron 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 permittedwork.
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 thispermit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete,or inaccurate(see 3 above).
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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.
COMMENCEMENT NOTIFICATION
Within 10 days of initiating the authorized work, submit this form via electronic mail to saj-
rd-enforcement@usace.army.mil(preferred, not to exceed 15 MB) or by standard mail to
U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1. Department of the Army Permit Number: SAJ-2015-2575, SPGP VI
FDEP or Designee Permit Number:
2. Permittee Information:
Name:
Email:
Address:
Phone:
3. Construction Start Date:
4. Contact to Schedule Inspection:
Name:
Email:
Phone:
Signature of Permittee
Printed Name of Permittee
Date
Dated 9/18/2019
•
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PDCs for In-Water Activities
For an activity to be covered under this Opinion, the USACE authorization must include the
following conditions. Failure to comply with these conditions could result in enforcement
action by the USACE and/or NMFS.
AP.7. Education and Observation: The permittee must ensure that all personnel associated
with the project are instructed about the potential presence of species protected under the
ESA and the Marine Mammal Protection Act (MMPA). All ou-site project personnel are
responsible for observing water-related activities for the presence of protected species.
All personnel shall be advised that there are civil and criminal penalties for harming,
harassing,or killing ESA-listed species or marine mammals. To determine which
species may be found in the project area,please review the relevant Protected Species
List at:
http://sero.nmfs.noaa.gov/protected_resources/section_7/threateued_endangered/index.ht
ml
AP.8. Reporting of interactions with protected species:
a) Any collision(s)with and/or injury to any sea turtle,sawfish,whale, or sturgeon
occurring during the construction of a project,shall be reported immediately to NMFS's
Protected Resources Division(PRD) at(1-727-824-5312) or by email to
takereport.runfsser@noaa.gov noaa.gov and SAJ-RD-Enforcement@usace.army.mil.
b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email
Sawfish@MyFWC.com
c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email
nmfs.ser.sturgeonnetwork@noaa.gov
d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-877-
WHALE HELP (1-877-942-5343).
e) North Atlantic right whale: Report injured, dead,or entangled right whales to the USCG
via VHF Channel 16.
AP.9. Vessel Traffic and Construction Equipment:All vessel operators must watch for and
avoid collision with species protected under the ESA and MMPA. Vessel operators
must avoid potential interactions with protected species and operate in accordance with
the following protective measures:
a) Construction Equipment:
i) All vessels associated with the construction project shall operate at"Idle Speed/No
Wake"at all times while operating in water depths where the draft of the vessel
provides less than a 4-foot(ft) clearance from the bottom, and in all depths after a
protected species has been observed in and has departed the area.
ii) All vessels will follow marked channels and/or routes using the maximum water
depth whenever possible.
iii) Operation of any mechanical construction equipment, including vessels, shall cease
immediately if a listed species is observed within a 50-ft radius of construction
equipment and shall not resume until the species has departed the area of its own
volition.
48
iv) If the detection of species is not possible during certain weather conditions(e.g.,
fog, rain,wind), then in-water operations will cease until weather conditions
improve and detection is again feasible.
b) All Vessels:
i) Sea turtles: Maintain a minimum distance of 150 ft.
ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance(500 yards).
iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike
Reduction Rule(50 CFR.224.105)which includes reducing speeds to 10 knots or
less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/).
iv) Mariners shall check various communication media for general information
regarding avoiding ship strikes and specific information regarding right whale
sightings in the area. These include NOAA weather radio,USCG NAVTEX
broadcasts, and Notices to Mariners.
v) Marine mammals(i.e., dolphins,whales [other than North Atlantic right whales],
and porpoises): Maintain a minimum distance of 300 ft.
vi) When these animals are sighted while the vessel is underway(e.g.,bow-riding),
attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt
changes in direction until they have left the area.
vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine
mammals are observed,when safety permits.
AP.10. Turbidity Control Measures during Construction: Turbidity must be monitored and
controlled. Prior to initiating any of the work covered under this Opinion,the Permittee
shall install turbidity curtains as described below. In some instances,the use of turbidity
curtains may be waived by the USACE project manager if the project is deemed too
minimal to generate turbidity(e.g., certain ATON installation, scientific survey device
placement,marine debris removal) or if the current is too strong for the curtains to stay
in place. Turbidity curtains specifications:
a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the
bottom around all work areas that are in,or adjacent to, surface waters.
b) Use these turbidity barriers throughout construction to control erosion and siltation and
ensure that turbidity levels within the project area do not exceed background conditions.
c) Position turbidity barriers in a way that does not block species' entry to or exit from
designated critical habitat.
d) Monitor and maintain turbidity barriers in place until the authorized work has been
completed and the water quality in the project area has returned to background
conditions.
e) In the range of ESA-listed corals(St. Lucie Inlet,Martin County south to the Dry
Tortugas and the U.S. Caribbean)and Johnson's seagrass (Turkey Creek/Palm Bay
south to central Biscayne Bay in the lagoon systems on the east coast of Florida):
• Projects that include upland earth moving(e.g., grading to install a building or
parking lot associated with a dock and seawall project), must install sediment control
barriers to prevent any upland sediments from reaching estuarine or marine waters.
• The turbidity curtain requirement cannot be waived for any project that moves or
removes sediment(e.g., dredging, auger to create a pile, trenching to install a cable
49
line). if turbidity curtains are not feasible in au area based on site conditions such as
water cm-rent,high wave action,or stormy conditions,the project must undergo
individual Section 7 consultation and is not covered tinder this Programmatic
Opinion.
AP.11.Entanelement: All turbidity curtains and other in-water equipment must be properly
secured with materials that reduce the risk of entanglement of marine species(described
below). Turbidity curtains likewise must be made of materials that reduce the risk of
entanglement of marine species.
a) In-water lines(rope,chain,and cable,including the lines to secure turbidity curtains)
must be stiff,taut, and nonlooping. Examples of such lines are heavy metal chains or
heavy cables that do not readily loop and tangle. Flexible in-water lines,such as nylon
rope or any lines that could loop or tangle,must be enclosed in aplastic or rubber •
sleeve/tube to add rigidity and prevent the line from looping and tangling. In 811
instances,no excess line is allowed in the water.
b) Turbidity curtains.and other in-water equipment must be placed in.a manner that does
not entrap species within the construction area or block access for them to navigate
around the construction area.
PDCs for Mangroves, Seagrasses,Corals and Hard Bottom for All Projects
Note,For projects authorized in reliance on this Opinion only, the PDC°s below suhercede
any other guidance documents otherwise applicable to reduce or avoid impacts to mangroves,
seagrasses, and corals. This includes the NliFS's Construction Guidelines in Florida Jar Minor
Piling-Supported Structures ct►fres Co►►st►ucted in or over Submerged Aquatic Vegetation, Marsh, or
hlangroi•e Habitat crated August 2001,.and NMFS's ken:,for Construction Conditions for Docks
or Other Afinor Structures (1onstrztcted hi or over .tolrnson's.Seagt'acs (IIalaphila johnsonii),
dated October 2002: NIvfFS may still apply these guidance documents in other consultations,
including consultations on Essential Fish Habitat under the'lvtagnuson-Stevens Fishery
Conservation and Management Act, as appropriate.
AP.f2.Mangroves
• To qualify for coverage under this Opinion, all projects must be sited and desiped to avoid
or minimize-impacts to mangroves.
+ Mangrove removal must be conductediu a manner that avoids any_unnecessary removal and
is limited to the following instances:
o Removal to install up to a 4-ft-wide walkway for a dock,
o Removal to install up to an 8-ft-wide walkway for public docks,where the walkway is
necessary to address compliance with the Americans with Disability Act(ADA).
ra Removal to install culverts necessary to improve water quality or restore hydrology
between 2 water bodies. Such mangrove removal is limited to a maximum of 20 linear
feet (lin fl) of shoreline per culvert opening.
o Removal of mangroves above mean high water(MEW)provided that the tree does not
have any prop roots that extend into the water below the lvHWL.
50
i a
SELF-CERTIFICATION STATEMENT OF COMPLIANCE
SPGP V-R1
Permit Number:
Permittee's Name &Address (please print or type):
Telephone Number:
Location of the Work:
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, etc.):
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
Date
Department of the Army Permit Transfer for SPGP VI
PERMITEE:
PERMIT NUMBER: DATE:
ADDRESS/LOCATION OF PROJECT:
(Subdivision) (Lot) (Block)
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. Although the construction period for works
authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box
4970, Jacksonville, FL 32232-0019.
(Transferee Signature) (Date)
(Name Printed)
(Street address)
(Mailing address)
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CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.TOGETHER WITH A TRACT OF LAND LYING SOUTH OF SAID BLOCKS AND
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BEGIN AT THE INTERSECTION OF THE WESTERLLY LINE OF SAID BLOCK 172 AND THE SOUTH RIGHT-OF-WAY LINE OF WEST PLAZA
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LYING 60 FEET WESTERLY OF THE EAST UNE OF SAID BLOCK 173;THENCE PARALLEL TO SAID EAST UNE OF BLOCK 173,SOUTH
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AT ELEVATION 2.20 NGVD 1929,ESTABLISHED ON JANUARY 26,2000;THENCE ALONG THE MEANDERINGS OF SAID MEAN HIGH
WATER UNE FOLLOWING THREE COURSES: (1)NORTH 85'08'01"WEST,A DISTANCE OF 42.06 FEET(2)NORTH 7701'12'WEST,A
DISTANCE OF 51.22 FEET;(3)NORTH 85'19'11'WEST.A DISTANCE OF 102.24 FEET TO A POINT WHICH BEARS SOUTH 0000'00'
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