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� DEPARTMENTAL USE ONLY �
VILLAGE OF TEQUEST'A ; �k. # ;
Department of Community Development ; Fee Paid: �
345 Tequesta Drive ; Intake Date: �
Tequesta, Florida 33469 � �
Ph: 561-768-0451 / Fax: 561-768-0698 � PROJECT #: ;
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cvww.tequesta.org � �
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APPLICATION FOR VARIANCE
PLANNING & ZONING BOARD (Single Family) � Meeting Date:
VILLAGE COUNCIL �Meeting Date:
PROJECT NAME: Melendy Reconstruction
PROJECT ADDRESS: 152 Gulfstream Drive, Teauesta FL 33469
Applicant Name: Sasha and Matthew Melendy
Applicant Address:_ 152 Gulfstream Drive, Tequesta FL 33469
Applicant Phone No.: 561-398-7041 Fax No.:
Cell Phone No.: E-mail Address: sashamelendy@gmail.com
Provide written approval from the property owner, if other than the applicant.
Property Owner's Name: same
Property Owner's Address: same
Property Owner's Phone No.: Fax No.: E-mail Address:
NATURE OF VARIANCE: Request for variance of dock lenqth in excess of Villaqe of Tequesta Code of
Ordinances, Sec. 76-20 (a). The existing 5' dock extends 61 ft from the shore MHWL. It terminates in shallow
water.
We are requesting a variance to the 75' dock length limitation for the replacement 4' dock to 122' (488 sfl from
the MHWL at the shore and construct a 6'x 20' (120sf) terminal platform perpendicular to it.
Variance relief is requested 76-20(g) the 500 sf limitation as the needed length of dock to reach deep water and
minimal terminal platform totals 610 sf.
The dock will thus allow mooring of a boat and a lift in navigable 4' depth at MLW.
a .�
��_�.� _ __ _ �� I L� .
SIGNATURE OF APPLICANT: ,,.�- DATE:
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION:
1) Current sealed survey of property showing all 5tructures and setbacks.
2) Drawings to scale of proposed improvements.
3) Variance Criteria Response — page 2 of application.
4) Any other documentation pertinent to this application.
5) 15 Copies of all submittals
6) List of all property owners within 300' radius of the outermost perimeter of subject property, obtained from PBC Property Appraisers Office,
& stamped envelopes for each.
7) Application Fee of: A) 51�1� F�mily; $�.Ot? C) Multiple Family $1000.00
B) Duplex: $700.00 D) Commercial $1000.00
'`To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees,
consultant fees and special studies, the applicant shall compensate the Village for all such costs prior to the processing
of the application or not later than thirty (30) days after final application approval, whichever is determined as appropriate
by the Village.
is related to the public waters of the state comprising the Loxahatchee River and the Intracoastal Waterway and all
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creeks, canals or waterways or tributaries connected therewith, located within the geographical boundaries of the Village,
you must also address the ten criteria listed in the Sec.76-7.
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the same zoning district.
Since the oriqinal dock construction over 20 years aqo the area in vicinitv of the dock has silted in As of 10
years aqo, the dock had been rendered unusable for moorinq due to shallow water There is a new owner of this
propertv and a need to make the existinq dock at 152 Gulfstream usable Currentiv water depths at MLW at the
end of the existinq dock are less than 18"
Application to FDEP requested a dock of sufficient length to terminate in four feet of water FDEP
subsequentiv appeared onsite to conduct a Seaqrass survev and it was found that seaqrass beds extend 40' from
the end of the existinq dock. FAC 62-330.427 General Permit for Certain Piers and Associated Structures (2)
This cleneral permit shall be subiect to the followinq specific conditions�
(a) Construction or extension of the boat house boat shelter boat (ift gazebo boat moorinq locations or
terminal platforms, shall not occur over submerqed qrassbeds coral communities or wet{ands
Any activitv that modifies the existinq foot print will reauire the construction to be in accordance with the above
referenced state code.
Variance relief is requested from 76-20 (q)
Constructinq a dock to reach over seaqrass and into minimal naviqable water depth is a total of 488 sf A terminal
platform, smaller than FDEP allowable maximum is requested to render the dock usable to docking function The
terminal platform is required to assist elderlv parents and the families voung children safe area on docks while
loadincl and unloadinq boats. It will also serve as a temporarv in water moorinq area Terminal platform is 6x20
or 120 sf. Total required area is 610 sf.
2 The special conditions and circumstances do not result from the actions of the applicant.
1. Applicant did not cause the fillinq of the river bottom
2. Applicant's existinq dock is in water of insufficient depth to support naviqation
3. Applicant does not have use of a waterfront dockaqe inside their riparian access
4. Seaqrasses naturallv colonized the area off of the existinq dock for a distance of approximatelv 40 ft
5. State Environmental Law prohibits construction of a dock terminatinq in areas where seaqrasses exist
6. State Environmental Law prohibits construction of a dock terminatinq where water depths are such
propellers will contact the seabottom
3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other
lands, buildings or structures in the same zoning district.
2
The attached schedule of similar dock variances approved bv the town supports there is no special
privileqed conferred on the this propertv The variance will rectifv the riparian riqht to quiet eniovment and
access to naviaation for this propertv. Further, the reauested variance will in no wav impede navigation or
other use of the waterwav bv the qeneral public Finallv the proposed dock lenqth is similar to the lenqth
an_d__extension into the river as neiqhborina docks The proposed dock does not interfere with naviqation
4 Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the
applicant.
Riparian Riqhts confer access to waterwavs to upland owners for naviqation amona other riahts
Throuqhout the town waterfront residences eniov access to waterwavs for moorina at docks Previouslv
approved variances establish the town recoqnizes that conditions often exist that prevent eniovment of
riparian riqhts and has allowed dock lenqth variances Failure to approve the variance would result in the
a�plicants inabilitv to eniov his riparian riqhts because the existinq facilities terminate in depths that do not
support naviqation. An attempt to construct a dock less than 110 ft would result in a violation of FAC 62
330.427 (2)(a)
5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
The variance as proposed meets the minimum requirement of FAC 62-330 427 (2)(a) and terminates in
water of sufficient depth to supqort naviqation in most circumstances The proposed dock extends a
lesser distance _into the channel than the neiqhborinq dock to the south which also was subject a variance
a�proval in 1991.
6 The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be
injurious to the area involved or otherwise detrimental to the public welfare.
Grantinq of the variance will qermit the enioyment of the waterfront homeowners riparian riqht to access to
waterwavs for naviqation. The dock extension into the waterwav does not impede naviqation in the
waterwav bv the aeneral public. The dock confiquration is similar in nature and in the same qeneral
distance out from shore as the adiacent dock to the south and will not infrinqe their riparian riqhts
Side Setback criteria of 25 ft is maintained.
Sec. 76-7. Variances.
(a) Any person desiring a variance from the terms of this chapter shall make application for such variance to the zoning board of
adjustment of the village in accordance with the procedures set forth in this section.
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(b) In order to authorize any variance from the terms of this chapter, the Board of Adjustment MUST find with respect to the proposed
project as follows:
(1) The variance being requested meets the definition of the term "variance" as that term is used and understood in chapter 78,
zoning.
Variance means a variation from the district requirements of this chapter which is granted by the zoning board of adjustment,
where such variance wil/ not be contrary to the public interest and where, owing to conditions peculiar to the physical
characteristics of that particular property and not the result of the actions of the owner, agent, or applicant, a litera! enforcement of
this chapter wou/d result in unnecessary and undue hardship.
Conditions peculiar to the subiect propertv are shallow water deqths at 75 ft from shore and the presence
of seaqrasses near to the existinq shore. Accordinq to state law a dockinq facilitv must span over
seaqrasses and terminate in areas devoid of seaqrasses The variance reauested is to construct a dock
in excess of 75 ft in order to avoid terminating the dock in seaarasses or depths not conducive to
navigation.
(2) No hazardous condition would be created.
The dockina faciltiv does not extend out bevond the ends of adjacent docks so there is no hinderance to
naviqation. No other hazardous conditions would be created by the dock construction
(3) The flow of water would not be impeded or interFered with.
The dock is pile supported and does not hinder or impede the flow of water '
(4) No obstruction to navigation would occur.
There is no obstruction to naviqation. The end of the dock is in line or closer to shore than docks to the
south. There is over 500 ft of naviqable river width to the other shore
(5) It would not interfere with traditional public uses of the waterway including, but not limited to, swimming, fishing, or boating.
There is no interference with public uses of the waterwav includinq swimminq fishinq or boatinq
(6) It would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values.
The proposed dock is not in the site line of adiacent properties and does not detract from views
(7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life.
Installed pilinqs will not disrupt marine live or benthic orqanisms The proposed depth a the
terminal platform is sufficient to prevent prop wash or qroundinq of the vessel However should the
request be denied, dockaqe at the exsitnq dock could result in groundings and disruption to benthic life
(8) It would not contribute to the pollution of the waterway or the degradation of its condition.
The materials used in construction are inert
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(9) It would not interfere with the lawful rights of riparian owners.
The proiect is within the 25 ft setbacks prescribed bv town code 76-20 (b)
(10) It would be consistent with any other applicable laws, rules or plans.
The proiect has been reviewed bv and received permittinq from FDEP and USCOE
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Petition for the support of Melendy dock length variance
Prepared by Matthew 1. and Sasha G. Melendy .
The undersigned citizens of Country Club Point, Tequesta, FL hereby petition the Village of Tequesta and its board
to support the dock length variance for Maithew J. and Sasha G. Melendy of 152 Gulfstream Dr. from 70' to 126' for
the purpose of going beyond a DEP protected seagrass bed and reaching a minimum of 4' water depth.
Name' Address Phone
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a x T.�-�, y n �y� a a 9 h' y� x hxx SHOWN.
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POOL e� h� o� "?" h y o�' VERTICAL DATUM OF 1988 (NAVD 88) AND REFERENCE NATIONAL GEODETIC DWNG. BY etc
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x x� �`� ,ti� a > �6`' p ky 9 �a x y 5 y y � �.°� 4) 1HIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
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2" WOOD WAL1 0 � ��� � � � x x � x x o y 5) LOT LINES SHOWN HEREON ARE APPROXIMATE AND FOR INFORMATIONAL }
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CONC. STEP�S h h k'� 6 9 , � a k� � a e
y �,� y �e y ry tix ^, o � ,� x � 9 � y � y y 5 6) THE SPECIFIC PURPOSE OF THIS SURVEY IS TO OBTAIN SEAWALL PERMIT �
h� e ti y � � LIMITS OF x . x , ONI.Y.
ADDRESS: y a � MANGROVE TREES " % y� 7) MEAN HIGH WATER LINE ELEVATION =-0.01 FEET (NAVD 88). � W
152 GULFSTREAM DRIVE k 0 0� x�d� MEAN LOW WATER LINE ELEVATION =-1.87 FEET (NAVD 88) PER FLORIDA � �
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JUPITER, FLORIDA 33469 & 0 � � 6��y N� DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) POINT I.D. N0. 9, �' �
o r ELEVATION –1.87 fEET
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y 0 "�� p� ^ r e 9 y 1 � O e DATED 4/29/14. w �
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6' WOOD FENCE o e`' ti� �o- I HEREBY CERTIFY THAT THE SPECIFIC PURPOSE SURVEY. AS SHOWN ��
� 1.5' WIDE HEREON,IS A TRUE AND CORRECT REPRESENTATION OF A FIELD SURVEY
CONC. SEAWALL MADE UNDER MY DIRECTION AND CHARGE ON MAY 6, 2014 AND SAID LL ' N�
SPECIFIC PURPOSE SURVEY IS TRUE AND ACCURATE TO THE BEST OF MY V �
KNOWLEDGE AND BELIEF. IT IS FURTHER CERTIFIED THAT THIS SPECIFIC W
PURPOSE SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR �
BOUNDARY SURVEYS SET FORiH BY THE FLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE U�
CODE, PURSUANT TO SECTION 5J-17.050-17.052.
NORTHSTAR GEOMATICS, WC. SHEE7 NO i
OF I S
________________'_________"__� _______—______— PROJECT N0.
GREGORY S. FLEMING, P.S.M. DATE � ia-02a
FLORIDA REGISTRATION N0. 4350
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JPITER, FLORIDA 33469 � By FDEP Survey
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���� FLORIDA DEPARTMENT OF �ovE�rrox
�„ �
� �,- = %n f �, � ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTER.A
M• +, `*�= SOUTHEAST DISTRICT OFFICE LT. GOVERNOR
�� ��; : 400 NORTH CONGRESS AVE., THIRD FLOOR
WEST PALM BEACH, FL 33401 HERSCHEL T. VINYARD JR.
561-681-6600 SECRETARY
July 29, 2014
Adrian French
�152 Gulfstream Drive
Jupiter, FL 33469
Sent via e-mail to: mcsf5(�a,aol.com
Re: File No.: 50-0327160-001
File Name: French, Adrian
Dear Mr. French:
On June 10, 2014 we received your notice of intent to use a General Permit (GP), pursuant to Rule
62-330.427, Florida Administrative Code (F.A.C.), to replace an existing dock with an L-shaped
terminal dock (626.4 sq. ft.) consisting of an 8-foot by 20-foot terminal platform (160 sq. ft.) and
a 4-foot by 116.6-foot (466.4 sq. ft.) access walkway that will be elevated 5-feet above mean high
water and will contain handrails so as to limit mooring to the two designated slips, whereas the
dock shall be designed in accordance with the attached pernnit sketches. The project is within the
North Fork Loxahatchee River, which is within the Loxahatchee River-Lake Worth Creek Aquatic
Preserve, Outstanding Florida Waters, Class II Waters, adjacent to 152 Gulfstream Drive, Jupiter
(Section 25, Township 40 South, Range 42 East), in Palm Beach County (Latitude N 26° 57'
52.2993", Longitude W 80° 6' 19.6497").
Your intent to use a general permit has been reviewed by Department staff for three types of
authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned
submerged lands), and (3) federal authorization. The authority for review and the outcomes of the
reviews are listed below. Please read each section carefully.
Your project qualifies for all three authorizations. However, this letter does not relieve you
from the responsibility of obtaining other federal, state, or local authorizations that may be required
for the activrty.
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.
wH�w. �lep.state.f l. us
� , e
1. Regulatory Review. — APPROVED
Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113, F.A.C.
Based on the forms, drawings, and documents submitted with your notice, it appears that the
project meets the requirements for the General Permit under Rule 62-330.427, F.A.C. Any
activities performed under a general permit are subject to general conditions required in Rule
62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.427, F.A.C. (attached).
Any deviations from these conditions may subject the permittee to enforcement action and possible
penalties.
Please be advised that the construction phase of the GP must be completed within five years from
the date the notice to use the GP was received by the Department. If you wish to continue this GP
beyond the expiration date, you must notify the Department at least 30 days before its expiration.
2. Proprietary Review (related to state-owned lands). —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 Chapter
253 of the Florida Statutes (F.S.) and 258, F.S. if located within an aquatic preserve, 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 an exception under rule 18-21.005(1)(a) and section
253.77 of the 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. No further application is required
for this exception.
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.
Please be advised that any use of sovereign submerged lands without specific prior authorization
from the Board of Trustees will be considered a violation of Chapter 253, Florida Statutes and may
subject the affected upland riparian property owners to legal action as well as potential fines for
the prior unauthorized use of sovereign land.
Authority for review - Chapter 253 F.S., and Chapter 258, F. S., and Chapter 18-21, F.A.C. and
Chapter 18-20, F.A.C., and Section 62-330.075, F.A.C. as required.
File No.: 50-0327160-001
Applicant: French, Adrian
Page 2 of 5
3. SPGP REVIEW —APPROVED
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.
Your proposed activity as outlined on your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit IV-Rl, and a SEPARATE
permit or authorization will not be required from the Corps. Please note that the Federal
authorization expires on July 25, 2016. You, as permittee, are required to adhere to all General
Conditions and Special conditions that may apply to your project." A copy of the SPGP IV-Rl
with all terms and conditions and the General Conditions may be found at
http://www.saj.usace.armv.mil/Divisions/Re u� l�ry/sourcebook.htm.
Additional Information
Please retain this general permit. The activities may be inspected by authorized state personnel in
the future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until further order of the Department. Because the administrative hearing
process is designed to forrnulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
Petition for Administrative Hearin�
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address, of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, any facsirnile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
File No.: 50-0327160-001
Applicant: French, Adrian
Page 3 of 5
(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;
(� A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of
receipt ofthe written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any
person who has asked the Department for notice of agency action may file a petition within 21
days of receipt of such notice, regardless of the date of publication. The failure to file a petition
within the appropriate time period shall constitute a waiver of that person's right to request an
administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in
this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding
initiated by another party) will be only at the discretion of the presiding officer upon the filing of
a motion in compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Of�ce of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the
applicable deadline for filing a petition for an administrative hearing. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any pariy 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.
File No.: 50-0327160-001
Applicant: French, Adrian
Page 4 of 5
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,
Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General
Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate
District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
If you revise your project after submitting the initial joint application, please contact us as soon as
possible. Also, if you have any questions, please contact Lucy Flores at (561) 681-6673 or via e-
mail at Lucv.Flores(cr�,de,p.state.fl.us. When referring to this project, please use the FDEP file
number listed above.
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Benny Lue ike
Environmental Manager
Submerged Lands and Environmental
Resource Program
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Specific General Permit Rule, Ch. 62-330.427, F.A.C.
General Consent Conditions for the use of Sovereignty Submerged Lands
Attachment A- Newspaper Publication Notice
Project Drawings, 6 pages
Copies furnished to:
USACOE- Palm Beach Gardens, FDEP-SP(a�usace.armv.mil
Jeff Anton, Designated agent, antonpe(�a,comcast.net
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
7/29/14
Clerk Date
File No.: 50-0327160-001
Applicant: French, Adrian
Page 5 of 5
62-330.405 General Conditions for All General Permits
The following general permit conditions are binding upon the permittee and are enforceable under Chapter 373, F.S. These
conditions do not apply to the general permit in Section 403.814(12), F.S.
(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the
conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement
action and revocation of the permit under Chapter 373, F.S.
(2) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this
permit.
(3) This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real
properiy, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or
convey any rights or privileges other than those specified in the general permit.
(4) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes hann or
injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the penmittee to cause pollution that
violates state water quality standards.
(5) Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving
the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement
Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use.
Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing
. activity on state-owned lands.
(6) The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with
Chapter 120, F.S., and Section 373.429, F.S.
(7) This permit sha11 not be transfened to a third party except pursuant to Rule 62-330340, F.A.G The permittee transferring
the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to
sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real properry at which the
permitted project or activity is located.
(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect,
sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit.
(9) The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and
authorized in this general permit.
(10) A permitee's right to conduct a specific activity under this general permit is authorized for a duration of five yeazs.
(11) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards.
Performance-based erosion and sediment control best management practices shall be implemented and maintained immediately
prior to, during, and after consiruction as needed to stabilize all disturbed areas, including other measures specified in the permit
to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment contro] measures shall be installed and
maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida
Department of Environmental Protection and Florida Department of Transportation June 2007), a�ailable at
www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual_6_07.pdf, and the Florida Stormwater Erosion and
Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management
Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-
manual.pdf.
(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction sha11
be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within
forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest e�ctent
practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or
other non-earthen construction mats. In a11 cases, access in wetlands shall comply with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter 4
inches or greater at breast height;
(b) The maximum width of the construction access area shall be ]imited to 15 feet;
(c) All mats shall be removed within 72 hours after the work commences; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.
(13) Barges or other work vessels used to conduct in-water activities shall be operated in a manner that prevents unauthorized
dredging, water quality violations, and damage to submerged aquatic communities.
(14) The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational
hazazd in the water body.
(15) Except where specifically authorized in a general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance
capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent ]ands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pwsuant
to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or
(16) If any prehistoric or historic artifacts, such as pottery or 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 are
encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such
discoveries sha11 cease. The permittee or other designee sha11 contact the Florida Department of State, Division of Historical
Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency
office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources.
If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with
Section 872.05, F.S.
(17) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and
of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria
(18) The permittee shal] comply with the following when performing work within waters accessible to federally- or state-
listed aquatic species, such as manatees, marine turtles, smalltooth sa�sh, and Gulf sturgeon:
(a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the work area and where
the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water
whenever possible.
(b) All deployed siltation or turbidity barriers sha11 be properly secured, monitored, and maintained to prevent entanglement
or entrapment of listed species.
(c) All in-water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work
area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work, or unti130 minutes
elapses since the last sighting within 50 feet. Aiuinals must not be herded away or harassed into leaving. All on-site project
personne] are responsible for observing water-related activities for the presence of listed species.
(d) Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to
the Florida Fish and Wildlife Conservation Comrnission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling
operation, the FWC shal] be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following detection
of the spill or frac-out.
(19) The permittee sha11 hold and save the Agency hannless from any and all damages, claims, or liabilities which may arise
by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the
general permit.
(20) The permittee shall immediateiy notify the Agency in writing of any submitted information that is discovered to be
inaccurate.
Rulemaking Authoriry 373.026(7), 373.043, 373.118(1), 373.406(S), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS.
Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416,
373.422, 373.423, 373.429, 403.814(1) FS. History—New 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-13.
62-330.427 General Permit for Certain Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove piers and associated structures as
described below:
(a) Single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos attached to the pier,
where these structures:
1. Do not accommodate the mooring of more than two water craft;
2. Do not, together with existing structures, exceed a total area of 2,000 square feet; and
3. Have a minimum depth of two feet below the mean low water level for tidal waters and two feet below the
mean annual low water level for non-tidal waters for all areas designed for boat mooring and navigational access; and
(b) Public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed and
built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water
or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state "No Boat
Mooring Allowed."
(2) This general permit shall be subject to the following specific conditions:
(a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, boat mooring locations, or terminal
platforms, shali not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway
portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water
or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access
walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic
Preserves;
(b) There shall be no living quarters, or other structures enclosed by walls or doors on all sides;
(c) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the
structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or
fuel shall occur from any structures authorized by this general permit; and
(d) This general permit shall not authorize the construction of more than one pier per parcel of land or individual
lot. For the purposes of this general permit, multi-family living complexes shall be treated as one parcel of property
regardless of the legal division of ownership or control of the associated property.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law
Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History—New 10-
3-95, Formerly 62-341.427, Amended 10-1-13.
GENERAL CONSENT CONDITIONS FOR
USE OF SOVEREIGNTY SUBMERGED LANDS
Any use of sovereignty submerged lands is subject to the following genera] conditions are binding upon the applicant and
are enforceable under Chapter 253, F.S. and Chapter 258, F.S.
1. Sovereignty submerged lands may be used 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 will constitute a violation. Violation of the
authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured
to the satisfaction of the Board of Trustees.
2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does
it constitute recognition or acknowledgment of any other person's title to such land or water.
3. Authorizations under Rule l 8-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the
remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C.
4. Structures or activities will be consixucted and used to avoid or minimize adverse impacts to resources.
5. Construction, use, ar operation of the structure or activity will not adversely affect any species which is endangered,
threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.
6. Sixuctures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction
determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with
the court's decision.
7. Structures or activities will not create a navigational hazard.
8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such
an extent that they are no longer functional.
9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes.
10. 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.
11. 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.
12. 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.
13. 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.
14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the
activity.
Attachment A File No.:50-0327160-001
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF GENERAL PERM[T
The Depariment of Environmental Protection gives notice that the project to replace an existing dock with an L-shaped terminal
dock (626.4 sq. ft.) consisting of an 8-foot by 20-foot terminal platform (160 sq. ft.) and a 4-foot by 116.6-foot (466.4 sq. ft.) access
walkway that will be elevated 5-feet above mean high water and will contain handrails so as to prevent boat mooring has been determined
to qualify for a General Permit. The project is located in the North Fork Loxahatchee River, which is within the Loxahatchee River-Lake
Worth Creek Aquatic Preserve, Outstanding Florida Waters, Class II Waters, adjacent to 152 Gulfstream Drive, Jupiter (Section 25,
Township 40 South, Range 42 East), in Palm Beach County (Latitude N 26° 57' S2.2993", Longitude W 80° 6' 19.6497").
A person whose substantial interests aze affected by the DepartmenYs action may petition for an administrative proceeding
(hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must
be filed (received by ihe clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevazd, Mail Station 35,
Tallahassee, Florida 32399-3000.
Mediation is not auailable.
If a tnnely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected
by the outcome of the administrative process haue the right to petition to intervene in the proceeding. Intervention will be permitted only
at the discretion of the presiding officer upon the filing of a motion in compliance with nile 28-106.205 of the Florida Administrative Code.
In accordance with rule 62-110.106(3), F.A. C., petitions for an administrative hearing must be filed within 21 days of publication
of the notice or receipt of wrztten notice, whichever occuss first. Under rule 62-110.106(4) of the Florida Administrative Code, a person
whose substantial interests are affected by the DepartmenYs action may also request an extension of time to file a petition for an
administrative hearing. The Deparhnent may, for good cause shown, grant the request for an extension of time. Requests for extension of
time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for
filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an
eactension of time before the deadline was the result of excusabie neglect, the Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure
of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right.
A petition that disputes the material facts on which the Department's action is based must contain the following information:
(a) The name and address of each agency affected and each agency's file or identification number, if I�own;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the
petitioner's substautial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends wan reversal or
modification of the agency's proposed action;
( fl A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's
proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take
with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in
dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the
agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to tlus determination aze available for public inspection during normal business hours,
8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West Palm Beach, Florida.
SPECIAL CONDITIONS FOR USE OF THE SPGP IV-Rl
1. The District Engineer reserves the right to require that any request for authorization under this general permit
be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP IV-Rl does
not automatically guarantee authorization.
2. No activity is authorized under the SPGP IV-Rl which may impact a federally listed threatened or endangered
species or a species proposed for such designation, or its designated critical habitat.
3. On a case-by-case basis the Corps may impose additional special conditions which are deemed necessary to
minimize adverse environmental impacts.
4. Failure to comply with all conditions of the Federal authorizations under the SPGP IV- Rl wouid constitute a
violation ofthe Federal authorization.
5. The SPGP IV-Rl is not applicable in the geographical boundaries of: Monroe County; the Timucuan Ecological
and Historica] Preserve (Duval County); the St. Mary's River, from its headwaters to its confluence with the
Bells River; the Wekiva River from its confluence with the St. Johns River to Wekiwa Springs, Rock Springs
Run from its headwaters at Rock Springs to the confluence with the Wekiwa Springs Run, Black Water Creek
from the outflow from Lake Norris to the confluence with the Wekiva River; canals at G�eld Point including
Queens Cove (St. Lucie County); the Loxahatchee River from Riverbend Park downstream to Jonathan
Dickinson State Park; the St. Lucie Impoundment (Martin County); all areas regulated under the La1ce
Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between St. Lucie Lock (Martin
County) and W.P. Franklin Lock (Lee County); American Crocodile designated critical habitat (Miami-Dade
and Monroe Counties); Johnson's seagrass designated critical habitat (southeast Florida); piping plover
designated critical habitat (throughout Florida); acroporid coral designated critical habitat (southeast Florida);
Anastasia lsland, Southeastern, Perdido Key, Choctawhatchee, or St. Andrews beach mice habitat (Florida east
coast and panhandle coasts); the Biscayne Bay National Park Protection Zone (Miami-Dade County); Harbor
Isles (Pinellas County); the Faka Union Canal (Collier County); the Florida panther consultation area
(Southwest Florida), the Tampa Bypass Canal (Hillsborough County); canals in the Kings Bay/Crystal
River/Homosassa/Salt River system (Citrus County); Lake Miccosukee (Jefferson County).
6. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic
Places or those eligibie for inclusion in the National Register. Prior to the start of work, the
Applicant/Permittee or other party on the Applicant'sJPermittee's behalf shall conduct a search of known
historical properties by contracting a professional archaeologist, contacting the Florida Master Site File at 850-
245-6440 or SiteFilenu The ApplicantlPermittee can also research sites in the National Register
Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research/.
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 vicinity and notify the Compliance and Review staff of the State Historic
Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of
the discovery and devise appropriate actions, including salvage operations. Based, on the circumstances of
the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend
or revoke the permit in accordance with 33 CFR Part 325.7.
In the uniikely event that human remains are identified, they will be treated in accordance with Section 872.05,
Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, the State
Archaeologist (850-245-6444), and the Corps Regulatory Project Manager shal] immediately be notified. Such
activity shall not resume unless specifically authorized by the State Archaeologist and the Corps.
7. No work shall be authorized under the SPGP IV-Rl which proposes the use of prefabricated modules for
habitat creation, restoration, or enhancement.
8. No activity shall be authorized under the SPGP IV-Rl which by its size or location may adversely impact water
quality, fish and wildlife habitat, wetlands, or emergent or submerged aquatic vegetation. Where ayuatic
vegetation is present adverse impacts to aquatic vegetation from construction of piling-supported structures
may be avoided/minimized by adherence to, or employing alternative construction techniques that 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 Ayuatic Vegetation (SAV), Marsh or MangroveHabitat U.S. Army
Corps of Engineers/National Marine Fisheries Service August 2001." (See
httn://www.sai.usace.armv.miUDivisions/Re�ulatorv/sourcebook htm) Unless otherwise specifically approved
by the National Marine Fisheries Service, where aquatic vegetation is present, piling-supported structures
authorized under the SPGP IV-R1 must comply with, or provide a higher level of protection than, the criteria
contained in the referenced construction guidelines. Additionally, because of concerns about adverse impacts
to the endangered Johnson's seagrass (Halophila johnsonii), piling-supported structures in the lagoon (as well
as canal) systems on Florida's east coast from Sebastian Inlet (Brevard County) south to and including central
Biscayne Bay (Miami-Dade County) must also comply with, or provide a higher level of protection than, the
criteria contained in the construction guidelines titled "Key for Construction Conditions for pocks or Other
Minor Structures Constructed in or Over Johnson's seagrass (Halophila johnsonii) National Marine
Fisheries Service/U.S. Army Corps of Engineers - February 2002." (See
http://www.saj.usace.armv.mil/Divisions/Regulatorv/sourcebook htm ) Note: Both of the Construction
Guidelines may be subject to revision at any time. It is our intention that the most recent version of this
technical tool will be utili�ed during the evaluation of each Department of the Army permit application.
9. Prior to issuance of authorization, the dichotomous key titled "The Corps of Engineers, Jacksonville District,
and the State of Florida Effect Determination Key for the Manatee in Florida," dated March 2011, will
be used to determine potential manatee impacts. All projects determined to be "may affect" and certain multi-
slip facilities determined to be "may affect, not likely to adversely affect" will be sent to the Corps for
consultation with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Note:
The manatee key may be subject to revision at any time. It is our intention that the most recent version of this
technical tool will be utili�ed during the evaluation of each Department of the Army permit application. The
current version can be found on the Jacksonville District Regulatory Home Page at:
htt ://www.sa'.usace.arm .mil/Divisions/Re ulato /sourcebook.htm
10. For projects in waters accessible to sea turtles, Small tooth sawfish, Gulf sturgeon, or Shortnose sturgeon, the
permittee will utilize the "Sea Turtle and Small tooth Sawfish Construction Conditions" (see
http://www.saj.usace.armv.mil/Divisions/Reeulatorv/sourcebook.html and any added requirements, as
appropriate for the proposed activity. Note: These conditions may be subject to revision at any time. It is our
intention that the most recent version of these conditions will be utili�ed during the evaluation of the permit
application.
11. With respect to bald eagles, the permittee should refer to the U.S. Fish and Wildlife Service's "National Bald
Eagle Management Guidelines," dated May 2007 (see httn://www.fws.gov/northflorida/BaldEagies/bald-
ea�les.htm) for guidance and clearance. Note: The preceding should be considered an interim condition, after
which, netiv rules may be promulgated. It is the Corps' intention that the most recently approved version of
these conditions or ensuing rules will be utili�ed during the evaluation of permit applications under this
general permit.
12. For projects authorized under this SPGP IV-Rl in navigable waters of the U.S., the permittee understands and
agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the
structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonabie obstruction to the free navigation of the navigable
waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall
be made against the United States on account of any such removal or alteration.
13. The SPGP IV-R1 will be valid for five years from the date of issuance 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 pemlit during the five-year authorization period is
not contrary to the public interest. If revocation occurs, all futwe applications for activities covered by the
SPGP IV-R1 will be evaluated by the Corps.
14. If the SPGP IV -Rl expires or is revoked prior to completion of the authorized work, authorization of activities
which have commenced or are under contract to commence in reliance upon the SPGP IV-Rl will remain in
effect provided the activity is completed within ]2 months ofthe date the SPGP IV-R1 expired or was revoked.
15. The General conditions attached hereto are made a part of this permit and must be attached to all authorizations
processed under this permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
� ,
Alfred A. Pantano. Jr.
Colonel, U.S. Anny
District Engin.eer
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