Mooring_Field_-_FDEP_Permit-01.07.11.pdf

Rick ScottFlorida Department of Governor lenni fer Carroll Lt. Governor

Environmental Protection South West District Office 13051 N. Telecom Parkway

Mimi A. Drew Temple Terrace, Florida 33637

~ Secretary :=; :n

'JAN :.. 7 20H c.- pl ~ 0 ::. ti1

City of S1. Petersburg c/o Richard C. Herrmann II, P.E., Senior Professional Engineer Engineering, Stonnwater & Transportation Department P.O. Box 2842 S1. Petersburg, FL 33731-2842

Dear Mr. Herrmann:

Enclosed is the Environmental Resource Pennit, DEP Project No. 52-0298020-001, issued pursuant to Part IV of Chapter 373, Florida Statutes, and Title 62, Florida Administrative Code.

Appeal rights for you and for any affected third party are described in the text of the pennit along with conditions that must be met when authorized activities are undertaken.

You, as the applicant, are responsible for all aspects of pennit compliance. You should therefore review this pennit document carefully to ensure compliance with the general and specific conditions contained herein.

If you have any questions about this document, please contact me at (813) 632-7600, ext. 286.

Thank you for your participation in the pennit process and in managing the natural resources of the State of Florida.

Sincerely yours, Kristina Evans Environmental Specialist II Environmental Resource Management

Enc: Environmental Resource Permit with attachments (51 pages)

'More Protection. Less Process" www.dep.state.fi.lJs www.dep.state.fi.lJs

Florida Department of

Environmental Protection

South West District Office 13051 N. Telecom Parkway

Temple Terrace, Florida 33637

Permitteel Authorized Entity:

City of St. Petersburg c/o Richard C. Herrmann II, P.E., Senior Professional Engineer

Engineering, Stormwater & Transportation Department

P.O. Box 2842

St. Petersburg, FL 33731-2842

St. Petersburg Municipal Marina North Yacht Basin Mooring Field

Authorized Agent:

Moffatt & Nichol clo Michael N. Herrman, P.E., Coastal Engineer

1509 West Swann Avenue, Suite 225

Tampa, FL 33606

Individual

Environmental Resource Permit

State-owned Submerged Lands Authorization - Not Applicable

Rick Scott Governor

Jennifer Carroll Lt. Governor

Mimi A. Drew Secretary u.S. Army Corps of Engineers Authorization - Separate Corps Authorization Required

Permit No.: 52-0298020-001

Permit Issuance Date: JAN -7 2011 Permit Construction Phase Expiration Date: JAN - 7 2016

"More Protection. less Process" JiIUIW. dep.state. fl. us

Rick ScottFlorida Department of Governor

Jennifer Carroll Lt. Governor

Environmental Protection South West District Office 13051 N. Telecom Parkway

Mimi A. Drew Temple Terrace, Florida 33637

Secretary

Individual

Environmental Resource Permit

Permittee: City of St. Petersburg Permit No.: 52·0298020·001

Permit Issuance Date: ;JAN - 7 2011 Permit Construction Phase ExpiratIon Date: i'Mu

... -7 2016

AUTHORIZATIONS

Project Description

The permittee is authorized to establish and maintain an approximately 1O.8-acre mooring field.

Phase I includes a 6.2-acre mooring field with 13 helical-anchored buoy systems for the mooring of private recreational vessels and construct a 900-square-foot concrete dock for the mooring of dinghy vessels (Phase I). After one year of operation at full occupancy, the permittee will sample water quality for dissolved oxygen, copper and fecal coliform bacteria. If the water quality results indicate no further degradation, the permittee may establish and maintain an approximately 4.6-acre mooring field with 13 helical-anchored buoy systems (Phase II). Authorized activities are depicted on the attached exhibits.

The project described above may be conducted only in accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer, nor guarantee, nor imply that future permits or modifications will be granted by the Department.

State-owned Submerged Lands Authorization

As staff to the Board of Trustees, the Department has reviewed the activity described above and has determined that the activity is not located on submerged lands owned by the State of Florida.

Therefore, your project is not subject to the requirements of Chapter 253, Florida Statutes.

Federal Authorization

A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency.

Coastal Zone Management

This permit also constitutes a finding of consistency with Florida's Coastal Zone Management

Program, as required by Section 307 of the Coastal Management Act.

"More Protection. less Process" www.dep.state.n.us http:www.dep.state.n.us

Water Quality Certification The State of Florida herein notifies the U.S. Army Corps of Engineers and any other interested parties that this pennit is issued under the "net improvement" provision of Section 373.414(1)(b)3, ES. Therefore, federal water quality certification is waived under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations You are advised that authorizations or pennits for this project may be required by other federal, state or local entities including but not limited to local governments. This pennit does not relieve you from the requirements to obtain all other required pennits or authorizations. Please be sure to contact the local county building and environmental department to obtain these required authorizations.

PROJECT LOCATION

The activities authorized by this pennit are located within the St. Petersburg Municipal Marina North Yacht Basin (Vinoy Basin), a Class III Florida Waterbody contiguous with Tampa Bay, St.

Petersburg, Sections 19 and 20, Township 31 South, Range 17 East, Pinellas County.

PERMIT CONDITIONS

The activities described herein must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to commencing the authorized activities, and to ensure the work is conducted in confonnance with all the tenns, conditions, and drawings. If you are utilizing a contractor, the contractor should also read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions shall constitute grounds for revocation of the pennit and appropriate enforcement action by the Department.

Operation of the facility is not authorized except when determined to be in confonnance with all applicable rules and this pennit/certification/authorization as specifically described above.

Permittee: City of St Petersburg/North Yacht Basin Mooring Field

Permit No.: 52-0298020-001

SPECIFIC CONDITIONS

PRIOR TO CONSTRUCTION (PHASES I AND II)

1. Subsequent to the selection of the contractor to perform the authorized activity and prior to the initiation of work authorized in each phase by this permit, the permittee and the contractor shall schedule and attend a pre-construction conference with a representative of the Department's Environmental Resources Management staff.

GENERAL (PHASES I AND II)

2. Submittals required herein (i.e., as-built drawings, photographs, water quality reports, etc.)

shall be directed to:

Department of Environmental Protection

Environmental Resource Management Program

Southwest District

13051 North Telecom Parkway

Temple Terrace, FL 33637-0926

Submittals shall include the permittee's name and permit number (52-0298020-001).

3. In the event the permittee files for bankruptcy prior to completion of work permitted and required by this permit, the permittee must notify the Department within 30 days of filing.

The notification shall identify the bankruptcy court and case number and shall include a copy of the bankruptcy petition.

4. Progress reports for the project shall be submitted to the Department beginning April 1, 2011, and shall continue to be submitted biannually until construction of the permitted project is completed. The cover page shall indicate the permit number (52-0298020-001), project name and the permittee name. Progress reports must be submitted to the Department even if there is no ongoing construction. Reports shall include the current project status and the construction schedule for the following six months. The report shall include the following information:

a. Date permitted activity was begun; if work has not begun on-site, please indicate.

b. Brief description and extent of the work (i.e., construction of Phases I and II of the mooring field, construction of the dinghy dock, etc.) completed since the previous report or since the permit was issued. Show on copies of the permit drawings those areas where work has been completed.

c. Brief description and extent of the work (Le., construction of Phases I and II of the mooring field, construction of the dinghy dock, etc.) anticipated in the next six

Permittee: City of St. Petersburg/North Yacht Basin Mooring Field months. Indicate on copies of the permit drawings those areas where it is anticipated that work will be done.

d. This report shall include on the first page, just below the title, the certification of the following statement by the individual who supervised preparation of the report:

"This report represents a true and accurate description of the activities conducted during the six-month period covered by this report."

CONSTRUCTION (PHASES I AND II)

5. Storage or stockpiling of tools or materials along the shoreline, within the littoral zone, or elsewhere within surface waters is prohibited unless specifically approved by this permit.

Any and all construction debris shall be removed from waters of the state within 14 days of completion of the work authorized by this permit.

6. Watercraft associated with construction shall operate within waters of sufficient depth to preclude bottom scouring/prop dredging. There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the motor in the down position) and submerged resources or the bottom of the basin at mean low water.

7. The helical-anchoring systems shall be installed at the coordinates shown in the "Mooring Working Point Table" shown on Sheet C-102 of Exhibit 1.

TURBIDITYIEROSION CONTROL

8. Turbidity/erosion controls shall be installed prior to construction of the dinghy dock as shown on Sheet C-102 of Exhibit 1. The permittee shall be responsible for ensuring that the turbidity curtains do not disturb seagrass adjacent to the project area. Turbidity curtains shall be maintained until construction is completed and when turbidity levels within the work area have returned to pre-constriction background levels. Turbidity curtains shall be removed within 14 days once these conditions are met.

9. The following measures shall be taken immediately by the permittee when turbidity levels within the work area exceed 29 Nephelometric Turbidity Units (NTUs) above background:

a. Immediately cease work contributing to the water quality violation.

b. Modify the work procedures responsible for the violation, install additional turbidity containment devices and repair non-functioning turbidity containment devices.

c. Notify the Department within 24 hours of the time the violation is first detected.

Permittee: City of St. PetersburgINorth Yacht Basin Mooring Field

MANATEE CONDITIONS

10. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with, and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

11. All vessels associated with the construction project shall operate at "Idle SpeedINo Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible.

12. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers shall not impede manatee movement.

13. All on-site project personnel are responsible for observing water-related activities for the presence of manatees. All in-water operations, including vessels, shall be shutdown if a manatee comes within 50 feet of the operation. Activities shall not resume until every manatee has moved beyond the 50-foot radius of the project operation, or until 30 minutes has elapsed wherein a manatee has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

14. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-772 562-3909) for south Florida.

15. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3

ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 8 112" by 11 II explaining the requirements for "Idle SpeedINo Wake" and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Please see the Florida Fish and Wildlife Conservation Commission website for information on how to obtain appropriate signs:

http://www.myfwc.com!docslWildlifeHabitats/Manatee EducationalS ign. pdf http://www.myfwc.com!docslWildlifeHabitats/Manatee

POST-CONSTRUCTION (PHASE I) (THE PERMITTEE SHALL COMPLY WITH THE

FOLLOWING CONDITIONS PRIOR TO TRANSFER TO OPERATION OF PHASE I).

BASELINE WATER QUALITY SAMPLING

16. Prior to occupancy of Phase I, the permittee shall collect baseline water quality samples from the six locations shown on Sheet V -101 of Exhibit 1 and provide that data to the Department. The baseline data will be compared with the water quality data collected after one year of operation of Phase I at full occupancy to determine if the operation of Phase I has improved or further degraded water quality within the basin.

17. The permittee shall collect water quality samples for copper, dissolved oxygen, and fecal coliform bacteria during the months of June, July or August using the following methods at the following depths:

Parameter: Unit: Depth:

Copper fJ.g/1 1 foot above bottom

(Duplicate water quality sample, analyze the field-collected copper samples individually, and report each of the duplicate copper samples individually)

Dissolved oxygen mg/l 1 foot below surface, mid-depth, and 1 foot above bottom

(Diel samples taken at 4-hr intervals over a 24-hr period)

Fecal coliform bacteria #/ml surface

(10 samples over a 30-day period)

18. The permittee shall collect the water quality samples according to the Standard Operating Procedures (SOP) outlined in DEP-SOP-OOllOI (June, 2008), which is incorporated by reference in Rule 62-160.800, F.A.C. The SOPs are available online at:

http://www.dep.state.fl.us/labs/bars/sas/sop/index.htm.

19. At least 30 days prior to Phase I slip occupancy, the permittee shall submit the baseline water quality data for review and approval by the Department. The data shall be submitted in a table that clearly lists the results of the parameters measured at each location. The submittal shall also include the following information:

the samples;

e. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data; and

Permit No.: 52-0298020-00l http://www.dep.state.fl.us/labs/bars/sas/sop/index.htm

f. Documentation that the laboratory performing the sampling and analyses has an approved quality assurance plan on file with the Department.

20. The submittal shall include the following information for each sample that is taken:

shown on the sampling location map;

F.A.C.; and

k. Detection limit for the parameter being measured.

21. The slips authorized under Phase I shall not be occupied until the baseline water quality data has been approved by the Department.

AS-BUILT DRAWINGS

22. The permittee shall submit two copies of signed, dated and sealed as-built drawings to the Department for review and approval within 30 days of completion of construction. The as built drawings shall be based on the Department permitted construction drawings, which should be revised to reflect changes made during construction. The plans must be clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be verified and signed, dated and sealed by a Florida registered surveyor or engineer.

As-builts shall be submitted to the Department regardless ofwhether or not deviations are pr.esent. In addition to the "As-built Certification" form, the permittee shall submit the "Request for Transfer ofEnvironmental Resource Permit Construction Phase to Operation Phase" form as required in General Condition #13.

The following information shall be verified on the as-built drawings from the engineering drawings signed and sealed by Mark A. Pirrello, P.E., #54387, on September 21,2010:

Plan View/Cross-Section Drawing Number

Overall Site Plan C-101

Site Plan C-102

Dock Plan S-101

Gangway Landing Platform and Section S-401

Gangway Details S-502

Mooring Assembly S-504

SIGNAGE

23. Prior to occupancy of Phase I, a sign stating: "Temporary Mooring of Dinghy Vessels Only" shall be posted at the waterward edge of the dinghy dock as shown on Sheet S-lOl of Exhibit 1. Prior to occupancy of Phase I, the permittee shall provide the Department with clear photographic evidence that the sign has been installed.

24. Prior to occupancy of Phase I, the permittee shall install a sign at the dinghy dock that shows a location map of the mooring field facilities (i.e., restrooms, showers, laundry, garbage dumpsters, sewage pump-outs, fueling, etc.). The sign shall be visible from both the land and the waterbody associated with the facility. Prior to occupancy of Phase I, the permittee shall provide the Department with clear photographic evidence that the sign has been installed.

25. Prior to occupancy of Phase I, the permittee shall install a sign of sufficient size (minimum 2 feet by 3 feet) that is clearly visible by boaters using the mooring field to assist in preventing the discharge of marina sewage, combustible or other hazardous materials, gray water (shower, dish washing, and laundry discharge) or bilge water at the mooring field. The sign shall include language approximating the following: "All Vessel Discharges, Including Gray Water and Discharges from Marine Sanitation Devices, are Strictly Prohibited at this Mooring Field. Please use our Mooring Field Facilities." Prior to occupancy of Phase I, the permittee shall provide the Department with clear photographic evidence that the sign has been installed.

26. Prior to occupancy of Phase I, the permittee shall install permanent educational manatee signs in accordance with the Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines, including FFWCC approval for the number, type, and location of the signs. The guidelines for installation can be found at http://www.myfwc.comimanatee/signs or can be obtained by contacting FFWCC, the Imperiled Species Management Section, 620 South Meridian Street, 6A, Tallahassee, FL 32399-1600, or by telephone at (850) 922-4330. Prior to occupancy of Phase I, the permittee shall provide the Department with clear photographic evidence that the signs have been installed.

OPERATION (PHASE I) (THE PERMITTEE SHALL COMPLY WITH THE FOLLOWING

CONDITIONS FOR THE LIFE OF PHASE I).

27. The number of vessels moored at the facility during the operation of Phase I shall be limited to a maximum of 13. Vessels shall only moor in the locations labeled "Phase I" as shown on Sheets C-101 and C-102 of Exhibit 1.

28. The permittee shall notify the Department when Phase I has reached full occupancy (vessels occupy all 13 slips).

Permit No.: 52-0298020-00 I http://www.myfwc.comimanatee/signs

PRIOR TO CONSTRUCTION (PHASE II)

29. Prior to construction of Phase II and at least one year after operation of Phase I at full occupancy, the permittee shall collect water quality samples from the six locations shown on Sheet V-I 0 1 of Exhibit 1 and provide that data to the Department. The sampling shall be conducted during the months of June, July or August following at least one year of operation of Phase I at full occupancy. The submittal shall include the information outlined in Specific Conditions no. 17-20. The data shall be submitted in a table that clearly list the results of the parameters measured at each location.

30. Construction of Phase II shall not commence until the Department has verified that the operation of Phase I has not further degraded water quality.

31. If after comparison of the baseline water quality data and the data required in Specific Condition no. 29 shows further water quality degradation after at least one year of operation of Phase I at full occupancy for either dissolved oxygen, copper or fecal coliform bacteria, the permittee shall not be authorized to construct Phase II and the permittee shall perform a water quality mitigation plan to be provided as required below.

32. Within 30 days of notification from the Department that the water quality data shows further water quality degradation after at least one year of operation of Phase I at full occupancy, the permittee shall submit a plan for review and approval that will provide for a net improvement of water quality. The mitigation plan may include, but is not limited to, limiting occupancy of the slips, removal of slips, excavation of basin sediments if they are determined to be the source of water quality violations, the addition of clean fill or additional water quality monitoring.

33. Failure to submit the mitigation plan (if applicable) shall constitute a violation of this permit.

34. The permittee shall implement the mitigation activities within 30 days of receiving Department approval of the mitigation plan.

35. The Department's approval of the mitigation plan pursuant to the permit does not constitute a finding by the Department that the mitigation will meet the required success criteria. The permittee acknowledges its obligation to meet the intent of the permit regarding the mitigation objective until the mitigation is determined by the Department to be successfuL

POST -CONSTRUCTION (PHASE II) (THE PERMITTEE SHALL COMPLY WITH THE

FOLLOWING CONDITION PRIOR TO TRANSFER TO OPERATION OF PHASE II).

36. The permittee shall submit two copies of signed, dated and sealed as-built drawings to the Department for review and approval within 30 days of completion of construction. The as built drawings shall be based on the Department permitted construction drawings, which should be revised to reflect changes made during construction. The plans must be clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be verified and signed, dated and sealed by a Florida registered surveyor or engineer.

As-builts shall be submitted to the Department regardless of whether or not deviations are present. In addition to the "As-built Certification" form, the permittee shall submit the "Requestfor Transfer ofEnvironmental Resource Permit Construction Phase to Operation Phase" form as required in General Condition #13.

The following information shall be verified on the as-built drawings from the engineering drawings signed and sealed by Mark A. Pirrello, P.E., #54387, on September 21,2010:

Plan View/Cross-Section Drawing Number Overall Site Plan C-101 Site Plan C-102 Mooring Assembly S-504

OPERATING CONDITIONS (PHASES I AND II) THE PERMITTEE SHALL COMPLY

WITH THE FOLLOWING CONDITIONS FOR THE LIFE OF THE FACILITY).

37. The permittee shall implement and enforce the mooring field management plan (Exhibit 2) and the mooring field rules (Exhibit 3) for the life of the facility. Modifications to the mooring field management plan and the mooring field rules shall require a modification to this permit. The permittee shall obtain a permit modification from the Department prior to implementing any modifications to the mooring field management plan and/or the mooring field rules.

38. All users of the mooring field shall register with marina management upon arrival at the mooring field during normal business hours, or for those vessels arriving after normal business hours, at the start of the following business day.

39. Upon registration, marina management shall ensure that all users of the mooring field execute (sign) the mooring field management plan (Exhibit 2). All users of the mooring field shall be provided a copy of the mooring field rules (Exhibit 3) for the use and operation of the mooring field at the time the mooring field management plan is executed.

40. Upon registration, marina management shall inform all users of the mooring field of the availability and requirement to the use the sewage pumpout facilities. Marina management shall also advise all users of the mooring field that overboard discharges of trash, human or animal waste, or discharge from any holding tank or marina sanitation device is strictly prohibited within the mooring field.

41. Upon registration with marina management, all vessels shall have their sewage holding tanks inspected and emptied into the sewage pump out facility, and a dye tab shall be placed into the heads prior to mooring.

42. For vessels with functional heads with holding tanks, the vessels shall have their tanks pumped at the sewage pumpout station or by the sewage pumpout vessel no less than every ten days without fail. In addition, a dye tab shall be placed into the head no less than every ten days. The permittee shall maintain daily records of vessels using the pumpouts. Copies of the logs shall be available for inspection by the Department during normal business hours.

43. For vessels with functional heads without holding tanks, marina management shall affix an approved seal (i.e., the type used on water meters) on the closed seacock of each vessel.

Marina management shall inspect these seals every 30 days (to assure that the seacock remains closed) and record this in a log that will remain available for inspection by the Department during normal business hours. The log entries shall include the following:

a. Date of inspection;

b. An entry that the seal has remained intact;

c. Vessel identification (i.e., name, registration number); and

d. Signature of the inspector.

44. The permittee shall ensure that a dockmaster or designee trained in all phases of the operations of both the mooring field and the mooring field facilities is present at the marina facility at all times during normal business hours.

45. Vessels moored at the mooring field shall be provided access to operational upland facilities located at the St. Petersburg Municipal Marina including restrooms, showers, laundry, sewage pump-out facilities, fueling facilities, and garbage dumpsters.

46. Signage required in Specific Conditions no. 23-26 shall be maintained for the life of the facility. The permittee shall immediately replace any signs that fade or become damaged.

47. Overboard discharges of trash, human or animal waste, or fuel shall not occur at the mooring field.

48. There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the motor in the down position) and the top of submerged resources or the bottom of the basin at mean low water so as to preclude bottom scouring or prop dredging.

49. The permittee shall ensure vessels lengths do not exceed the mooring buoy slip radius for each mooring buoy location as shown on Sheets C-lOland C-I02 of Exhibit 1.

50. The permittee shall ensure that there is only one vessel per mooring buoy. However, a dinghy associated with that vessel is allowed.

51. Fueling facilities are not authorized at the mooring field.

52. Fish cleaning stations shall not be allowed on the dinghy dock unless sufficient measures are in place (i.e., signage, sink screens, waste receptacles, etc.) to ensure that overboard

Permittee: City of SL PetersburgINorth Yacht Basin Mooring Field

Page II of 17 discharges of trash and/or animal waste do not occur at the dock. The permittee shall submit a plan for Department review and approval 30 days prior to the installation of any fish cleaning stations at the dinghy dock.

53. The following activities are prohibited at the facility: (a) boat maintenance or repair activities requiring removal of a vessel from the water or removal of any major portions of the vessels, including the engine, for the purposes of routine repair or maintenance on site;

(b) hull cleaning involving the scraping or jet washing of fouling organisms; (c) hull painting; (d) any discharges or release of oils or greases associated with engine and hydraulic repairs; or (e) any discharges or release of metal-based bottom paints associated with hull scraping, cleaning, or painting. The following activities are authorized at the facility: (a) removal of a vessel that is necessitated by emergency conditions that have resulted in or can result in the sinking of a vessel, or (b) minor repairs and boat maintenance that will not cause or contribute to the release of water pollutants (these activities must be performed by the vessel owner or a qualified marine mechanic).

END OF SPECIFIC CONDITIONS

GENERAL CONDITIONS

1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit.

2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.

4. Water quality data for the water discharged from the permittee's property or into the surface waters of the state shall be submitted to the Department as required by the permit. Analyses shall be performed according to procedures outlined in the current edition of Standard

Pennittee: City of St. PetersburgINorth Yacht Basin Mooring Field

Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S.

Environmental Protection Agency. If water quality data are required, the pennittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume discharged from the property or into surface waters of the state.

5. Department staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to resuh in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the pennit application or submitted to the Department as a pennit prior to the dewatering event as a permit modification. The permittee is advised that the rules of the Southwest Florida Water Management District state that a water use pennit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C.

6. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or pennanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased.

7. Off-site discharges during construction and development shall be made only through the facilities authorized by this pennit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operation schedules satisfactory to the Department.

8. The pennittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

9. The following shall be properly abandoned and/or removed in accordance with the applicable regulations:

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction.

c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

10. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

11. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department a written notification of commencement using an "Environmental Resource Permit Construction Commencement" notice (Form No. 62 343.900(3), F.A.C.) indicating the actual start date and the expected completion date.

12. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

13. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.), and "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form 62-343-900(7), F.A.C.). Additionally, if deviations from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted.

14. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the Department, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

15. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions herein, the Department determines the system to be in compliance with the permitted plans, and the entity approved by the Department accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the Department until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the Department, if different from the permittee. Until a transfer is approved by the Department pursuant to Section 62-343.110(l)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit.

16. Should any other regulatory agency require changes to the permitted system, the Department shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required.

17. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit.

18. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, 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 permit and Chapter 400-4 or Chapter 400-40, F.A.C.

19. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, other activity involving the use of sovereign 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 lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.

20. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system.

21. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise.

22. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.

23. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with Department rules, regulations and conditions of the permits.

24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department and the Florida Department of State, Division of Historical Resources.

25. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate.

Executed in Hillsborough County, Florida. STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

William L. Vorstadt Program Administrator Submerged Lands & Environmental Resource Program

Attachments:

Commencement notice/62-343.900(3) (1 page)

Annual status report/62-343.900(4) (1 page)

As-built certificationl62-343.900(5) (1 page)

Transfer construction to operation phase/62-343.900(7) (1 page)

Application for transfer of an ERP/62-343.900(8) (1 page)

Exhibit 1, Project Drawings and Design Specs., (12 pages)

Exhibit 2, Mooring Field Management Plan, (8 pages)

Exhibit 3, Mooring Field Rules (7 pages)

Exhibit 4, Manatee Idle SpeedINo Wake sign (1 page)

Copies furnished to:

DEP, Office of General Counsel U.S. Army Corps of Engineers, Tampa Regulatory Office Pinellas County Department of Environmental Management Anne Richards, Environmental Specialist, Florida Fish & Wildlife Conservation Commission, 620

South Meridian Street, 6A, Tallahassee, FL 32399 George W. Manemann, Dockmaster, St. Petersburg Municipal Marina, 300 2nd A venue SE, St.

Petersburg, FL 33701-3961 Michael N. Herrman, P.E., Coastal Engineer, Moffatt & Nichol, 1509 West Swann Avenue, Suite

225,Tampa, FL 33606 File

CERTIFICATE OF SERVICE

The undersigned hereby certifier thaI this permit, including all copies, was mailed before the close of business on \ t] ,\ , to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7) of the

Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

~ '/"l/l( Clerk Date

Permit Attachments

File No. 52-0298020-001

33 pages

Fonn #62-343.900(3) FAC Fonn Title: Construction Commencement Notice Effective Date: October 3.1995

ENVIRONlVIENTAL RESOURCE PERMIT

Construction Commencement Notice

Project: Phase:

I hereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Permit Number has commenced / is expected to commence on and will require a duration of approximately months weeks days to complete. It is understood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for surface Water Management System

Construction.

PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in writing in order to satisfy permit conditions.

Permittee or Authorized Agent Title and Company Date

Phone Address

62-343,900(3) On-Line Document Fonnatted 12101197 kag

Form # 62-343.900(4) Form Title: Annual Status Report Effective Date: October 3, 1995

Environmental Resource Permit Annual Status Report

Florida Department of Environmental Protection

PERMIT NUMBER: COUNTY:

PROJECT NAME: PHASE:

The following activity has occurred at the above referenced poroject during the past year, between June 1, and May 30, Permit Condition! Activity % of Completion Date of Anticipated Date of Completion compretion

(Use Additional Sheets As Necessary)

Benchmark Description (one per major control structure): __

Print Name Phone

Permittee's or Aurthorized Agent's Signature Title and Company Date

This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year.

62-343.900(4)

Formatted 12101/97 kag

Form #62-343.900(5), F.A.C.

Form Title: As-Built Certification by a Registered Professional Effective Date: October 3, 1995

ENVIRONMENTAL RESOURCE PERMIT

AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL

Permit Number:

Project Name:

I hereby certify that all components of this surface water management system have been built substantially in accordance \I'~ith the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the approved plans and specifications will not prevent the system from functioning as designed when properly maintained and operated. These determinations are based upon on site observation of the system conducted by me or by my designee under my direct supervision and/or my review of as-built plans certified by a registered professional or Land Surveyor licensed in the State of Aorida.

Name (please print) Signature of Professional

Company Name Florida Registration Number

Company Address Date

City. State. Zip Code

Telephone Number (Affix Seal)

Substantial deviations from the approved plans and specifications:

(Note: attach two copies of as-built plans when there are substantial deviations)

Within 30 days of completion of the system. submit two copies of the form to:

62-343.900(5)

Formatted 12/0 l/97 kag

Form #: 62-353.900(7)F.A.C.

Form Title: Request for Transfer to Operation Phase Effective Date: September 25, 1995

Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase

(To be completed and submitted by the operating entity)

Florida Department of Environmental Protection

It is requested that Department Permit Number authorizing the construction and operation of a surface water management system for the below mention project be transferred from the construction phase permittee to the operation phase operating entity.

Project:

From: Name:

Address:

City: State: Zip:

To: Name:

Address:

City: State: Zip:

The surface water management facilities are hereby accepted for operation and maintenance in accordance with the engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity. Enclosed is a copy of the document transferring title of the operating entity for the common areas on which the surface water management system is located. Note that if the operating entity has not been previously approved, the applicant should contact the Department staff prior to filing for a permit transfer.

The undersigned hereby agrees that all terms and conditions of the permit and subsequent modifications, if any, have been reviewed, are understood and are hereby accepted. Any proposed modifications shall be applied for and obtained prior to such modification.

Operating Entity:

Title:

Name

Telephone:

Enclosure

D copy of recorded transfer of title surface water management system

D Coy of plates)

D Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation.

62-343.900(7)

Formatted 12l01/~7 kag

APPLICATION FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT AND NOTIFICATION

OF SALE OF A FACILITY OR SURFACE WATER MANAGEMENT SYSTEM

Permit No. Date Issued Date Expires __

FROM (Name of Current Permit Holder) __

Mailing Address __

City __ State Zip Code __

Telephone: (-..J__

Identification or Name of Facility/Surface Water Management System: __

Phase of Facility/Surface Water Management System (if applicable): __ The undersigned hereby notifies the Department of the sale or legal transfer of this facility, or surface-water management system, and further agrees to assign all rights and obligations as permittee to the applicant in the event the Department agrees to the transfer of permit.

Signature of the current permittee: ___________________--:-___________

Tide (if any): __ Date:

TO (Name of Proposed Permit Transferee):

Mailing Address: __

City: __ State:__ Zip Code: __

Telephone: <--J__

The undersigned hereby notifies the Department of having acquired the tide to this facility, or surface-water management system. The undersigned also states he or she has examined the application and documents submitted by the current permittee, the basis of which the permit was issued by the Department. and states they accurately and completely describe the permitted activity or project. The undersigned further attests to being familiar with the permit, agrees to comply with its terms and with its conditions, and agrees to assume the rights and liabilities contained in the permit. The undersigned also agrees to promptly notify the Department of any future changes in ownership of, or responsibility for, the permitted activity or project.

Signature of the applicant (Transferee): __

Tide (if any): __ Date:

Project Engineer Name (if applicable) __

Mailing Address: __

Telephone: (-..J__

Exhibit 1, Project Drawings and Design Specs.

12 pages

Dept. of Environmental Protection

SEP 23 2010

ST. PETERSBURG MUNICIPAL MARINA

NORTH YACHT BASIN MOORING FIELD

- PERMIT DRAWINGS

Sout…