RGP-SAJ-20permit.pdf

DEPARTMENT OF THE ARMY PERMIT

REGIONAL GENERAL PERMIT

SAJ-2006-06017

SAJ-20

DOCKS AND ASSOCIATED MINOR STRUCTURES IN FLORIDA

I. Permittee: Recipient of a verification of a Regional General Permit (RGP) SAJ-20 from the Regulatory Division of the U.S. Army Corps of Engineers (Corps), South Atlantic Division, Jacksonville District (SAJ).

NOTE: The term "you" and its derivatives, as used in this permit, means the Permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

II. Effective Date: March 28, 2023

III. Expiration Date: March 28, 2028

This RGP will be valid for a period of five years from the effective date specified above unless suspended or revoked by the District Engineer prior to that date. If SAJ-20 expires or is revoked prior to completion of the authorized work, authorization of activities that have commenced or are under contract to commence in reliance on SAJ-20 will remain in effect provided the activity is completed within 12 months of the date SAJ-20 expired or was revoked.

IV. Issuing Office: Regulatory Division, Jacksonville District.

V. Work Authorized: Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), the following activities are authorized by SAJ-20, in accordance with the terms and conditions of this permit:

1. Single-family residential dock facilities, designed to accommodate not more than four motorized vessels, unless a U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive, in which case, the more restrictive slip count limit in the Manatee Protection Plan would apply. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance and removal of same.

PERMIT NUMBER: RGP SAJ-20

2. Multi-family residential dock facilities, government dock facilities, and commercial dock facilities, designed to accommodate not more than five motorized vessels unless a U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive, in which case, the more restrictive slip count limit in the Manatee Protection Plan would apply. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance and removal of same.

3. Other minor structures:

a. single mooring pilings;

b. small mooring dolphins (not to exceed a cluster of four);

c. non-commercial information signage;

d. boat lifts, hoists, davits, etc.

e. other minor structures that would have less environmental impact than a small dock.

VI. Geographic Area: This RGP applies to all navigable waters of the United States located within the State of Florida, unless otherwise an excluded area listed in paragraph VII of this permit.

VII. Excluded Areas: The use of this RGP is not authorized in:

1. Motorboat prohibited zones, no entry zones and federal manatee sanctuaries.

Motorboat prohibited zones and no entry zones are listed in Chapter 68C-22, Florida Administrative Code. Federal manatee sanctuaries are listed at 50 C.F.R. § 17.108.

2. All areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between St. Lucie Lock in Martin County and W.P. Franklin Lock in Lee County (Attachment 1).

3. Areas identified in the Wild and Scenic Rivers Act (16 U.S.C. 1271, et seq.):

a. The St. Mary's River, from its headwaters to its confluence with the Bells River;

b. The entire 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 Wekiva Springs Run; Black Water Creek from the outflow from Lake Norris to the confluence with the Wekiva River;

c. The Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson

State Park.

4. Areas on or contiguous to ocean beaches, including the outfalls of Florida Panhandle Coastal Dune Lakes (Attachment 2).

5. The St. Lucie Inlet Sediment Impoundment Basin (Martin County) (Attachment 3).

VIII. Pre-Construction Notification Procedures: To be authorized under this RGP, you must first submit a pre-construction notification (PCN), including satisfactory drawings, to the appropriate permitting section. It is recommended that you use ENG Form 4345 or ENG Form 6082. Do not proceed with the proposed work until the District Engineer or their designee issues written verification that the proposed project meets the requirements of this RGP and is authorized. After receipt of written verification, you are authorized to perform work in accordance with the terms and conditions specified in this permit instrument and any project-specific terms and conditions in the verification.

IX. Terms and Conditions:

1. Number of Vessel Slips Authorized:

a. Single-family residential dock facilities authorized under this RGP shall be designed to accommodate not more than four motorized vessels unless a U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive.

b. Multi-family residential dock facilities, government dock facilities, and commercial dock facilities authorized under this RGP shall be designed to accommodate not more than five motorized vessels unless a U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive.

c. “Other minor structures” authorized by this RGP which accommodate motorized vessel mooring:

i. May be installed within existing motorized vessel slips, or

ii. May be used to create new slips as long as the motorized vessel slip limits stated above for single-family, multi-family residential, government, and commercial dock facilities are not exceeded.

d. Approved Manatee Protection Plans are available at https://myfwc.com/wildlifehabitats/wildlife/manatee/protection-plans/.

e. Dry storage slips (i.e., motorized vessel storage on land) count toward the total slip number. Slips for non-motorized vessels (e.g., kayak, canoe, and paddleboard) and https://myfwc.com/wildlifehabitats/wildlife/manatee/protection-plans associated launching areas for non-motorized vessels do not count toward the total slip number.

2. Work Type Exclusions: This RGP does not authorize the following:

a. Structures that support large commercial vessels, including ferries, tankers, and cargo ships, such as ferry terminals and large ports;

b. The construction or repair of municipal or commercial fishing piers;

c. The construction of living, fueling or fuel storage facilities over navigable waters of the United States.

3. Areas Requiring Additional Authorization:

a. No activity will be authorized by this RGP within the boundaries of the Timucuan Ecological and Historical Preserve (Duval County) until the Corps has contacted the National Park Service and provided them with the opportunity to submit comments on the potential effects of the proposed activity on the preserve.

b. For all activities located within the boundaries of the Florida Keys National Marine Sanctuary (Monroe County), the Permittee is required to provide the Corps with documentation of written permission from the Florida Keys National Marine Sanctuary in order to be eligible for authorization under this RGP.

4. Fish and Wildlife Service Consultation:

a. For each activity proposed for authorization under this RGP, the Corps will conduct an individual evaluation of the activity’s potential effects to federally listed threatened or endangered species or a species proposed for such designation, and designated critical habitat or proposed designated critical habitat, in accordance with Section 7 of the Endangered Species Act (ESA), for species and critical habitat within the U.S. Fish and Wildlife Service’s (FWS) purview.

b. No activity will be authorized under this RGP which is likely to adversely affect any federally listed threatened or endangered species or a species proposed for such designation, or likely to destroy or adversely modify designated critical habitat or proposed designated critical habitat.

c. If the proposed activity requires consultation under the ESA with the FWS on any federally listed species or species proposed for federal listing, or designated critical habitat or proposed designated critical habitat, the proposed activity cannot be authorized under this RGP until consultation is completed and concludes with a determination that the activity is “not likely to adversely affect” listed species and will not result in destruction or adverse modification to critical habitat.

d. The Corps will utilize available programmatic consultations and tools such as effect determination keys, Species Assessment Guides and Standard Local Operating Procedures for Endangered Species.

5. Manatee Key:

a. Prior to issuance of a verification, the Corps will review the activity in accordance with the dichotomous key titled, The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key), including the May 13, 2019, addendum, to determine potential manatee impacts. Those activities determined to be a “may affect” to the manatee will not be authorized under this RGP unless they are revised to be consistent with the 2011 Manatee Programmatic Biological Opinion and individual concurrence has been received from the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. In addition, in accordance with the Manatee Key, certain projects determined to be “may affect, not likely to adversely affect” will not be authorized until individual concurrence has been received. Note: The Manatee Key may be subject to revision at any time. The most recent version of the Manatee Key will be utilized during the evaluation of the permit application. The 2013 Manatee Key, the May 13, 2019, Manatee Key addendum, and the 2011 Manatee Programmatic Biological Opinion can be accessed on the Jacksonville District Regulatory Division’s Source Book page at http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

b. Use of the Manatee Key includes ensuring the activity is consistent with the motorized vessel slip limits for residential and multi-slip docking facilities required in the approved Manatee Protection Plans for the county in which the activity is proposed.

Approved Manatee Protection Plans can be accessed on the Florida Fish and Wildlife Conservation Commission’s web page (https://myfwc.com/wildlifehabitats/wildlife/manatee/protection-plans/). To be eligible for authorization under this RGP, structures must adhere to the motorized vessel slip limits stated in both paragraph IX.1 above and any applicable approved Manatee Protection Plan.

6. Jacksonville District’s Programmatic Biological Opinion: Prior to issuance of a verification, the Corps will review the activity in accordance with the U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion, November 2017

(JAXBO).

a. Activities must be consistent with the JAXBO (or JAXBO Superseding Process), including all applicable Project Design Criteria (PDCs), conditions and exclusions, in order to be eligible for verification under this RGP.

b. Structures and activities authorized under this RGP must be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. Failure to comply with applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of https://myfwc.com/wildlifehabitats/wildlife/manatee/protection-plans http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx listed species occurs, would constitute an unauthorized take. The National Marine Fisheries Service-Protected Resources Division is the appropriate authority to determine compliance with the Endangered Species Act for species and critical habitat under its purview. Note: The JAXBO may be subject to revision at any time. The most current version of the JAXBO must be utilized during the design and construction of the permitted work. The most current version of the JAXBO can be accessed on the Jacksonville District Regulatory Division’s Source Book page in the Endangered Species section at:

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

7. Essential Fish Habitat:

a. No work will be authorized by this RGP which may result in direct or indirect adverse impacts on the following Essential Fish Habitats: estuarine emergent vegetated wetlands (flooded saltmarshes, brackish marsh and tidal creeks), estuarine scrub/shrub (mangrove fringe), submerged rooted vascular plants (seagrasses), oyster reefs and shell banks, tidal freshwater (palustrine) wetlands, tidal freshwater submerged aquatic vegetation, coral, and coral and live/hard bottom habitats.

b. In order to avoid adverse impacts to submerged aquatic vegetation (SAV), marsh or mangrove habitats from dock construction, docks proposed in areas where SAV, marsh or mangrove habitats are present shall be designed to conform with the joint U.S.

Army Corps of Engineers’/National Marine Fisheries Service’s Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service - November 2017 (Dock Construction Guidelines) (Attachment 4) in order to be eligible for authorization under this RGP. For the purposes of this RGP, two uncovered boat lifts are allowed per dock. Note: The Dock Construction Guidelines may be subject to revision at any time. The most recent version will be utilized during the evaluation of the permit application. The Dock Construction Guidelines can be accessed on the Jacksonville District, Regulatory Division’s Source Book page at http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

c. Where SAV presence on a specific site is expected, but may not currently exist due to causes such as seasonal die-off, a structure authorized under this RGP shall adhere to the Dock Construction Guidelines unless a survey performed between June 1 and September 30 confirms year round absence of SAV at the project site. Surveys must be conducted in accordance with the Submerged Aquatic Vegetation Survey Guidelines - May 07, 2017. Note: The survey guidelines may be subject to revision at any time. The most recent version will be utilized during the evaluation of the permit application. The Submerged Aquatic Vegetation Survey Guidelines can be accessed on the Jacksonville

District, Regulatory Division’s Source Book page at http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

8. State Parks: The Permittee must obtain approval from the appropriate state park for projects located within the geographic boundaries or in-holdings of the John Pennekamp Coral Reef State Park, Lignumvitae Key Botanical State Park and Aquatic Preserve, Long Key State Park, Curry Hammock State Park, and Bahia Honda State Park prior to commencing the work verified under this RGP.

9. Manatee Conditions for In-Water Work:

a. The Permittee must comply with the Standard Manatee Conditions for In-Water Work – 2011 (Attachment 5). Note: The manatee conditions may be subject to revision at any time. The most recent version of these conditions will be utilized during the evaluation of the permit application.

b. For any project located in a Manatee Warm Water Aggregation Area as identified in The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, dated April 2013 (or the most current version of the key), the Permittee shall cease all in-water activity related to any authorized work during the period of November 15 to March 31. The Permittee shall abide by this condition unless project-specific consultation has been completed with the U.S. Fish and Wildlife Service lifting this seasonal restriction.

10. Navigation: No structure authorized under this RGP may interfere with general navigation. The following measures shall be implemented to ensure safe navigation:

a. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the Permittee's expense on authorized facilities in navigable waters of the United States.

b. To maintain no less than 50% of the open-water portion of the waterbody available for public use, structures constructed on canals or channels must not extend more than 25% of the width of the waterbody. “Open-water portion” does not include areas of dense shoreline vegetation such as mangroves.

c. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States.

No claim shall be made against the United States on account of any such removal or alteration.

d. Federal Channels:

i. Prior to issuance of a verification for any activity proposed adjacent to a federal channel, the Corps will review the activity in accordance with the U.S. Army Corps of Engineers, Jacksonville District, Setback Guidance for Structures along Certain Federal Channels – November 09, 2017 (Setback Guidance). Note: The Setback Guidance may be subject to revision at any time. The most recent version will be utilized during the evaluation of the permit application. The Setback Guidance can be accessed on the Jacksonville District, Regulatory Division’s Source Book page at http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

ii. For activities proposed adjacent to federal channels, no structure, including mooring piles, may be constructed within the established setback, calculated from the near design edge of the channel, until coordination with and concurrence from the Corps’ Navigation business line is complete. The setback may vary between different federal channels and between specific reaches of the same federal channel. Exact locations of the proposed structures relative to the channel may need to be verified by use of the Florida State Plane (XY) Coordinate System.

iii. Any activity within federal lands, easements or rights-of-way may require the Permittee to enter into a consent-to-easement with the Real Estate Division, U.S. Army Corps of Engineers, Jacksonville or Mobile District, as appropriate, prior to the commencement of any construction activity.

11. Activities Affecting Federal Projects: Any proposed project that would result in the modification, alteration, or construction upon, or adjacent to, an existing federal project, or be constructed within federal lands, easements or rights-of-way may require permission from the Corps’ Engineering Division under Section 408 of the Rivers and Harbors Act. If Section 408 coordination is required, the Corps will initiate coordination in accordance with the most current standard operating procedures.

a. Although most structures along those federal channels identified in the Setback Guidance will not require an individual Section 408 review (provided the structure complies with the Setback Guidance), all structures within 62.5 feet of a federal navigation project, other than single-family docking structures, require coordination under Section 408.

b. Any degradation, relocation, penetration, or work on, through or under a Corps levee, dike, dam, or other water retaining structure requires an individual Section 408 review. In addition, any proposed work within 15 feet of the toe of a Corps levee, within 15 feet of a federal canal top of bank, or within 50 feet of a Corps dam requires an individual Section 408 review.

c. All structures within the design edges of a federal project, all structures that do not meet the requirements of the Setback Guidance, and all structures within 15 feet of a federal canal top of bank (such as the Okeechobee Waterway or the Central and South Florida Flood Control Canals) require an individual Section 408 review.

d. All structures closer than two feet from the top edge of slope of a federal navigation channel will require coordination under Section 408.

12. Cultural Resources/Historic Properties Consultation:

a. For each activity proposed for authorization under this RGP, the Corps will conduct an individual evaluation of the activity’s potential effects to historic properties and Tribal resources, in accordance with Section 106 of the National Historic Preservation Act (NHPA), the guidelines of 33 C.F.R. Part 325 Appendix C, and Tribal Trust responsibilities, as applicable.

b. No activity will be authorized under this RGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.

c. If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this RGP until consultation with the State Historic Preservation Office and other appropriate consulting parties, such as Tribal Historic Preservation Office(s), is initiated and concludes with a determination that the activity will have no effect on a historic property.

13. Cultural Resources/Historic Properties Construction Conditions:

a. No structure or work shall adversely affect, impact, or disturb historic properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP.

b. If, during permitted activities, items that may have historic or archaeological origin are observed, the Permittee shall immediately cease all activities within 100 meters of the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours). Examples of submerged historical, archaeological or cultural resources which may be deeply buried in sediment or above them, or protruding into the water, include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The Corps shall coordinate with the State Historic Preservation Office (SHPO) and the appropriate Tribal Historic Preservation Office(s) (THPO) to assess the significance of the discovery. Appropriate actions for the resolution of adverse effects will be determined following initiation of these steps and under consultation with the SHPO and THPO(s). Project activities shall not resume without verbal and/or written authorization from the Corps.

c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the Corps in consultation with the SHPO and THPO(s) when appropriate, in accordance with 36 C.F.R. Part 800 or 33 C.F.R.

Part 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under State jurisdiction, and from the Corps.

d. In the event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the SHPO and initiate the Agreement Between the Jacksonville District, U.S. Army Corps of Engineers, and the Seminole Tribe of Florida Regarding Proposed Actions that may Adversely Affect American Indian Burial Resources. This agreement emphasizes that the resolution of effects to Native American burial resources will be accomplished whereby avoidance is the first priority and minimization or mitigation is only considered as a last resort. Appropriate actions for the resolution of the adverse effects will be determined following initiation of these steps and under consultation with the SHPO and THPO(s). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7. On federal or tribal lands, or situations where the Archaeological Resources Protection Act of 1979 or Native American Graves Protection and Repatriation Act of 1990 applies, the Permittee shall notify the Corps who will notify the SHPO and THPO(s). Once activities have ceased as a result of any of the situations identified in this Special Condition, they shall not resume without written authorization from the Corps.

14. State-Listed Fish or Wildlife Species: This authorization does not include conditions that would prevent the ‘take’ of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A- 27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://fnai.org/) also maintains updated lists, by county, of documented occurrences of those species.

15. Water Quality Certification: Prior to construction, activities qualifying for this RGP must be authorized by the applicable permit or exemption under Part IV of Chapter 373, Florida Statutes (F.S.) and by any authorization required to use or occupy state owned submerged lands (SSL) under Chapter 253, F.S., and as applicable, Chapter 258, F.S.

16. Coastal Zone Consistency Concurrence: Prior to construction, activities qualifying for this RGP must be authorized by the applicable permit or exemption under Part IV of Chapter 373, Florida Statutes (F.S.) and by any authorization required to use or occupy state owned submerged lands (SSL) under Chapter 253, F.S., and as applicable, Chapter 258, F.S.

17. Discretionary Authority: Conformance with the descriptions and criteria contained herein does not guarantee authorization under this RGP. The District Engineer reserves the right to require that any request for authorization under this RGP be processed as an individual permit.

X. General Conditions:

1. The time limit for completing the work authorized ends on March 28, 2028.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

http://fnai.org http://www.myfwc.com/license/wildlife

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with the permit verification, you must obtain the signature and mailing address of the new owner in the space on the transfer page provided below and forward a copy of the permit verification and executed transfer page to this office to validate the transfer of the authorization.

5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

XI. Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403)

( ) Section 404 of the Clean Water Act (33 U.S.C. § 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. § 1413)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or Construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant’s Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

6. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 C.F.R. § 325.7 or enforcement procedures such as those contained in 33 C.F.R. § 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 C.F.R. § 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

Digitally signed byUNGER.KELLY.ENRIGHT.1232247

UNGER.KELLY.ENRIGHT.1232247556

556 Date: 2023.03.27 16:23:24 -04'00' 27 March 2023

(DISTRICT ENGINEER) (DATE)

For: James L. Booth Colonel, U.S. Army District Commander y https://2023.03.27

Attachments to Department of the Army Regional General Permit SAJ-20

1. Areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan

2. Florida Panhandle Coastal Dune Lakes

3. St. Lucie Inlet Sediment Impoundment Basin

4. Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat – November 2017

5. Standard Manatee Conditions for In-Water Work – 2011

PERMIT NUMBER: RGP SAJ-20

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of the permit verification and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

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Location of St. Lucie Inlet Sediment lmpoundment Basin (Martin County, FL)

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Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat

U.S. Army Corps of Engineers/National Marine Fisheries Service November 2017

Submerged Aquatic Vegetation:

1. Avoidance. The piling-supported structure shall be aligned so as to minimize the size of the footprint over SAV beds.

2. The height of piling-supported structure shall be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking.

3. The width of the piling-supported structure is limited to a maximum of 4 feet. A turnaround area is allowed for piling-supported structures greater than 200 feet in length. The turnaround is limited to a section of the piling-supported structure no more than 10 feet in length and no more than 6 feet in width. The turnaround shall be located at the midpoint of the piling-supported structure.

4. Over-SAV bed portions of the piling-supported structure shall be oriented in a north-south orientation to the maximum extent that is practicable.

5. a. If possible, terminal platforms shall be placed in deep water, waterward of SAV beds or in an area devoid of SAV beds.

b. If a terminal platform is placed over SAV areas and constructed of grated decking, the total size of the platform shall be limited to 160 square feet. The grated deck material shall conform to the specifications stipulated below. The configuration of the platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall conform to the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access. The long axis of the platform should be aligned in a north-south direction to the maximum extent that is practicable.

c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform shall be limited to 120 square feet. The configuration of the platform shall be a maximum of 6 feet by 20 feet of which a minimum 4-foot wide by 20-foot long section shall conform to the 5-foot height requirement. A section may be placed 3 feet above MHW to facilitate boat access. The 3 feet above MHW section shall be cantilevered. The long axis of the platform should be aligned in a north-south direction to the maximum extent that is practicable. If the 3feet above MHW section is constructed with grating material, it may be 3 feet wide.

6. One uncovered boat lift area is allowed. A narrow catwalk (2 feet wide if planks are used, 3 feet wide if grating is used ) may be added to facilitate boat maintenance along the outboard side of the boat lift and a 4-foot wide walkway may be added along the stern end of the boat lift, provided all such walkways are elevated 5 feet above MHW. The catwalk shall be cantilevered from the outboard mooring pilings (spaced no closer than 10 feet apart).

7. Pilings shall be installed in a manner which will not result in the formation of sedimentary deposits("donuts" or "halos") around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low pressure pump may be used.

8. The spacing of pilings through SAV beds shall be a minimum of 10 feet on center.

9. The gaps between deckboards shall be a minimum of ½ inch.

October 2002 - Grid Specifications and Suppliers Section modified to add an additional vendor of materials.

February 2003 – Manufacturer name changed from ChemGrate to FiberGrate May 2003 - The terms dock and pier were removed and replaced by the term piling-supported structure, to clarify our intent.

March 2008 – Added requirement for 43% open space in grids; added additional manufacturer of grating.

November 2017 – Manufacturer of grated material updated to include Voyager Industries.

US Army Corps of Engineers., Marsh:

1. The piling-supported structure shall be aligned so as to have the smallest over-marsh footprint as practicable.

2. The over-marsh portion of the piling-supported shall be elevated to at least 4 feet above the marsh floor.

3. The width of the piling-supported is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement.

Mangroves.

1. The width of the piling-supported structure is limited to a maximum of 4 feet.

2. Mangrove clearing is restricted to the width of the piling-supported structure.

3. The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove fringe.

Grid Specifications and Suppliers

The following information does not constitute a U.S. Army Corps of Engineers endorsement or advertisement for any particular provider and is provided only as an example for those interested in obtaining these materials for piling-supported structure construction. Light-transmitting materials are made of various materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. All light-transmitting materials used in construction for minor piling-supported structures shall have a minimum of forty-three (43) percent open space.

A type of fiberglass grate panel is manufactured by SeaSafe (Lafayette, LA; phone: 1-800-326-8842) and FiberGrate (1-800-527-4043). A type of plastic grating is manufactured by ThruFlow Interlocking Panels (1-888-478-3569).

Plastic grate panels are also distributed by Southern Pine Lumber Company (Stuart, FL; 772-692-2300). Grated panels can be obtained from Titan Deck/Voyager Industries (Brandon, MN; 877-207-4136; www.titandeck.net).

Panels are available in a variety of sizes and thicknesses. For safety, the grate should contain an anti-slip texture which is integrally molded into the top surface. The manufacturer or local distributor should be consulted to ensure that the load-bearing capacity of the selected product is sufficient to support the intended purpose. Contact the manufacturer(s) for product specifications and a list of regional distributors.

October 2002 - Grid Specifications and Suppliers Section modified to add an additional vendor of materials.

February 2003 – Manufacturer name changed from ChemGrate to FiberGrate May 2003 - The terms dock and pier were removed and replaced by the term piling-supported structure, to clarify our intent.

March 2008 – Added requirement for 43% open space in grids; added additional manufacturer of grating.

November 2017 – Manufacturer of grated material updated to include Voyager Industries.

www.titandeck.net w♦E s

DOCK EX AMPLE - GRATED TERMINAL PLATFORM

Construction Guidelines in Flolida for Minor Piling-Supported Stmctures Constrncted in or over Submet·ged Aquatic Vegetation (SA V), Marsh or Mangrove Habitat

U.S. Army Corps of Engineers/National Ma1·ine Fisheries Set·Yice-August 2001

\-,,.·.._-1

"GRATED DECKING"

Means manufactured with a minimum of

43% open space.

NOTES:

• Not to scale.

~ l:=-•v rr Spacing of pilings through SA V beds shall be a minimum of 10-feet 011 center.

All widths are maximum dimension.

All heights are minimum dimension.

Piling supported stmctures over SA V

--:-.1;'rt"? .. .;_;~--v -

-=;,r(;--, -11-r

~~~6 ~~<- ~ ,.I

~~~r- ~✓ ~ / _,.,_ ,.____;. c:;--;=;;; -~~-~ l 4-feet

;,_ Jf--...... ..,,, 4 , . 5/ ·,:;;.wMiliof -5 \ - y>sli.p/llft:~

MIDPOINT TURNAROUND

Only for docks over 200-feet long.

LIFT ONLY

No roof.

Vessel should be stored as high above MHW as possible .

STERN WALKWAY

Allowed iflift constructed.

May be less than 4-feet wide iflonger slip is needed.

MINIMUM HEIGHT ----+

No less than 5-feet above MHW

ACCESS CATWALKS

3-feet wide if grated decking.

3-feet above MHW to facilitate boat access.

should be oriented notih-south to the extent practicable.

• MHW = mean high water

, .. - ~ ~-. --- . -~r:.> ..) may vary.

5-feet 3-feet 3-feet

Cantilevered off main stmctmes;

no additional pilings. -'~

-,;; . t

-~l

OVERHEAD PLAN VIEW FRONT PLAN VIEW

VER: 201407

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DOCK EX AMPLE - WOOD PLANK TERMINAL PLATFO RM

Construction Guidelines in Florida fot· Minot· Piling-Supported Structures Constructed in or over Submet·ged Aquatic Veget::,tion (SA V), Marsh or Mangrove Habitat

U.S. Army Corps of Engineers/National Madne Fisheries Se1·vke-August 2001 l"'V'l-

The gaps between deckboards shall be a mininmm of 1/2 inch.

NOTES :

• Not to scale.

• !t~trr- '>/,;, Spacing of pilings through SA V beds shall be a minimum of IO-feet on center.

All widths are maximum dimension.

All heights are minimum dimension.

Piling supported stmctures over SA V

4-feet 2-feet

10-'fe~

=~;(f cif(fr--ll- ;--

-;r"'7 c --:, ,6 /~',.,, ;-r--=:.::= ..::::::......_~~

C.:J

- lf

Whf!Jr,2;(f ~ift r > I t . I yvary.

_ :_i

2-feet

OVERHEAD PLAN VIEW

----'l. ---.;:~ 20-feet r~, 1LC .__s/

MIDPOINT TURNAROUND

Only for docks over 200-feet long.

LIFT ONLY

No roof.

Vessel should be stored as high above MHW as possible .

STERN WALKWAY

Allowed iflift constructed.

May be less than 4-feet wide iflonger slip is needed.

MINIMUM HEIGHT ►

No less than 5-feet above MHW

ACCESS CATWALKS

2-feet wide if wood decking.

3-feet above MHW to facilitate boat access.

Cantilevered off main structures;

no additional pilings.

should be oriented north-south to the extent practicable .

• MHW = mean high water

6'"-"'

J I

FRONT PLAN VIEW

3-feet

1 I

VER: 201407

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

Caution: Boaters

CAUTION: MANATEE HABITAT

All project vessels

IDLE SPEED/ NO WAKE

When a manatee is within 50 feet of work all in -water activities must

SHUT DOWN

Report any collision with or injury to a manatee :

Wildlife Alert:

1-888-404-FWCC(3922)

cell * FWC or #FWC