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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 " 01 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 File Name: Brown Dock F19EP File No.: 16-0197080-001-EE Page 10 of 19 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, File Name: Brown Dock FDEP File No.: 16-0197080-001-BE Page 11 of 19 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. File Name:Brown Dock FE$EP File No.: 16-0197080-001-EE Page 12 of 19 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: File Name:Brown Dock FDEP File No.: 16-0197080-001-BE Page 13 of 19 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. File Name:Brown Dock FDEP File No.: 16-0197080-001-EE Page 14 of 19 (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. File Name:Brown Dock FDEP File No.: 16-0197080-001-EE Page 15 of 19 (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). File Name: Brown Dock FDBP File No.: 16-0197080-001-BB Page 16 of 19 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 File Name:Brown Dock FDEP File No.: 16-0197080-001-EE Page 17 of 19 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. File Name: Brown Dock ' FDEP File No.: 16-0197080-001-EE Page 18 of 19 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). File Name: Brown Dock FDEP File No.: 16-0197080-001-EE Page 19 of 19 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 • Theme a ext ct fm the National a'nne.FisheriesaS> a kst le i 9c P r Bit l 10Opinion0O da d Nova b .r , 11. "Vil�•�,_ 'tlGraboor fit asth not Nle ; it. In%j. le it . . v, 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) ' -- ' '- - ',,:i',.. „," aiw Harsor :oat R-- Brown Dock NCRTH ,BEA ,HA. 1280 West Plaza Quality inn At ar >,; Atlantic Beach, FL 32233 - Beach-Tclay°o Clinic ax .. Figure 1 , , wk is la ,,. - a [ apart Navy Exchange_ P Y rily closet i Queen's Harlr . ,c# t & r •. «3 � ! Country Club , n n -� s r Dutton Island Preserve' :. ' a ' ,. - . GIRVIN • Atlantic tic B�eae. ATLANTIC ., - a- `.. ,_c B EACHES . a te ' y HE .�,.-�a T= �EEGHE � El DdeCl �s F te=a _ acs Che•ck-fie-A 711. 1"�esl ,5l'larl<et. ... �. µ , ' Ne cifirr"g .orhood Market I' S-, FAT MERMAID - ATLANTI tracoaaw ,. HIGHLANDS Neptune-B. MAP SHOWING FINAL BOUNDARY & TOPOGRAPHIC SURVEY OF: BLOCK 172 AND PART OF BLOCK 173,SECTION'H'.ATLANTIC BEACH,AS RECORDED IN PLAT BOOK 18,PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.TOGETHER WITH A TRACT OF LAND LYING SOUTH OF SAID BLOCKS AND THAT PORTION OF GLADIOLA STREET CLOSED BY ORDINANCE No. 65-00-270,ATLANTIC BEACH,ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE INTERSECTION OF THE WESTERLLY LINE OF SAID BLOCK 172 AND THE SOUTH RIGHT-OF-WAY LINE OF WEST PLAZA STREET;THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'39'41'EAST,A DISTANCE OF 193.72 FEET TO A POINT,SAID POINT LYING 60 FEET WESTERLY OF THE EAST UNE OF SAID BLOCK 173;THENCE PARALLEL TO SAID EAST UNE OF BLOCK 173,SOUTH 000000'EAST, 420.82 FEET TO THE MEAN HIGHT WATER UNE OF AN UNNAMED TIDAL CREEK,SAID MEAN HIGH WATER UNE BONG 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' EAST AND 398.55 FEET FROM THE POINT OF BEGINNING;THENCE NORTH 00400'00'EAST,A DISTANCE OF 398.55 FEET TO THE POINT OF BEGINNING. _ =R.A'� GLADIOLA STREET 'S °r ie...At rve'j +NM ulti Of Wu.man Me ---e-- 41--4_— - - ST EET __ • .o. .Ne/L44,4444.4, I SO'RI NE WAY ,w°onC°. 10•111i.a.` �. r S89'39'q a' 193.72' ,s' ..j,T„ R :4;�� 'y-r- ,w''- _ ..�,.b /7-'.." s I (fie.. 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I o v -............ - ---- MLW 0 Brown Dock 1.5'Overhang 1280 West Plaza Atlantic Beach, FL 32233 Figure 4 I(x, i I I 5 50 1 1 i ii Ccs ....a. :. WIN _ um --—--—--—-- MHW _ i MLW T 6'x 16'Floating Kayak/SUP Launch f fk t3 6' 1 t 16' 0 J 0 Y N 16' 20' D) c� 3' L \e\JC 36' 30' Brown Dock ► 4' —' 1280 West Plaza 4' Atlantic Beach, FL 32233 Figure 3 8'