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HEX Agenda 04/12/2018AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, APRIL 12, 2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued from the March 8, 2018 HEX Meeting A. PETITION NO. BDE-PL20170002620 – Collier Seawall & Dock, LLC requests a 5-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 25 feet to construct a docking facility to accommodate two vessels for the benefit of Lot 23, Block E, Goodland Isles 1st Addition, also described as 623 Sunset Drive, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A cot be*,r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 12,2018; CONTINUED FROM MARCH 8, 2018 SUBJECT: BDE-PL20170002620, 623 SUNSET DRIVE, HORST DOCK PROPERTY OWNERIAGENT: Owner: David R. and. Sharon L. Horst 109 Smokey Mountain Vista Honey Grove, PA 17035 Applicant: Collier Seawall and Dock 950 N. Collier Blvd suite 420 Marco Island, FL 34145 REQUESTED ACTION: Agent: Reliable Permitting 3054 Horseshoe Dr. ste 154 Naples, FL 34014 The petitioner is requesting a 5 -foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width. The existing dock was constructed prior to the requirements for boat dock extension approval. A total protrusion of 25 feet is requested into a waterway that is 168 feet wide. GEOGRAPHIC LOCATION: The subject property is located at 623 Sunset Drive, further described as Section 18, Township 52 South, Range 27 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is approval for a boat dock extension for an existing dock that was constructed prior to the establishment of the maximum 20 -foot boat dock protrusion in to a waterway. In 2016, the applicant obtained a building permit to construct a boat lift onto the existing dock. The permit stated that the maximum boat dock protrusion was 20 feet. After BDE-PL20170002620, Horst Boat Dock Page 1 of 8 J C-OOdIand—DR---- I i 1 I NI { 1 PROJECT Y raw LOCATION Y k D I 4 c Location Map f PH 10 Z7 "� 19 la N i Pti q 2i 23 i :O F-4 IO , i PSI ti LJ Petition Number: PL20170002620 Zoning Map 2 4 90 I 4 O C2 PH PH t SUNSET -GT.----- SF 3s PH2 is PH3 Ct Cl?) 0 �a in PH a � 7` I 2T • 19 II PH 5 Lam' 20 �• 'L SITE I PH 6' 2:1_ LOCATION WQHT II P i i A -r 8 PH 3 f PH 10 Z7 "� 19 la N i Pti q 2i 23 i :O F-4 IO , i PSI ti LJ Petition Number: PL20170002620 Zoning Map the inst4llation and construction of the boat lift, an inspection was performed and it was discovered that the existing boat dock protrusion was 25 feet, which is nonconforming. Since the applicant installed a new boat lift facility onto a nonconforming boat dock, the LDC requires a boat dock extension application to bring the existing dock into compliance. The new boat lift portion of the dock will protrude a total of 22.5 feet into the waterway and the total protrusion of the existing dock is 25 feet. The applicant requested a GMD records search and the department confirmed that there are no permit records for the existing dock structure. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: VR-GZO, zoned Village Residential Goodland Zoning Overlay use SURROUNDING: North: VR-GZO, zoned Village Residential, Goodland Zoning Overlay East: Waterway, VR-GZO, zoned Village Residential, Goodland Zoning Overlay South: Waterway, RSF4-GZO, zoned Residential Single Family, Goodland Zoning Overlay West: Waterway, Calusa Island Village PUD AERIAL PHOTO BDE-PL20170002620, Horst Boat Dock Page 3 of 8 ENVIRONMENTAL EVALUATION: Craig Brown of the Environmental Services staff has reviewed this petition and states that there are no sensitive environmental issues. Additionally, a submerged resources survey was prepared by Turrell Hall and Associates and was used for the environmental review. The survey document is included as part of Attachment A. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. In order for the HEX to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and finds the following: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed facility consists of a two -slip boat dock with a mechanical boat lift on the east side slip. The proposed dock is appropriate in relation to the 98.47 -feet of waterfront property length. The subject property is zoned VR- GZO, Village Residential Goodland Overlay zone. The dock should be limited to two boats. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the survey submitted by the petitioner, the water depth at the site is too shallow to accommodate the 20 -foot boat described in the petitioner's application at mean low tide. Additionally, the boat dock at the site was existing prior to the survey prepared by Court Gregory Surveying. As stated, the only change for this boat dock was the addition of a new boat lift at the east slip. In accordance with LDC standards, approval for a boat dock extension is required. BDE-PL20170002620, Horst Boat Dock Page 4 of 8 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the survey drawing submitted by the petitioner, the width of the navigable waterway will remain at 118.2 feet. The boat dock will not impact a marked or charted navigable channel. The survey document is provided and included as part of Attachment A. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The survey details that the waterway is measured at 168 feet wide. The proposed facility will occupy about 14.8 percent of the waterway width, and about 70.3 percent of the width will be maintained for navigability. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The survey shows the nearest dock to the east at 73.7 feet. The nearest dock to the west is 52.6 feet away from the proposed (existing) dock. The survey indicates the proposed facility will not interfere with the use of neighboring docks. The proposed (existing) dock meets the most restrictive setback from the LDC, which is 15 -feet. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. A submerged resources survey was performed by Turrell Hall and Associates on October 10, 2017. The survey indicates there is no mangrove growth because of an existing concrete seawall at the property line. Additionally, the survey indicates there are no seagrass beds within 200 -feet of the project area. The special condition in this case is the reinforced shoreline and concrete seawall and the lack of any affected seagrasses or mangrove growth. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of BDE-PL20170002620, Horst Boat Dock Page 5 of 8 excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. The deck shown on the drawings submitted by the petitioner is not excessive. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The subject property contains 98.47 feet of water space frontage, and the vessel is 20 feet, or 20.2 percent of the waterfront footage. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. Based on the curvilinear property line at the waterfront, there would not be a major impact on the view of neighboring property owners. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. As stated, the submerged resources survey prepared by Turrell Hall and Associates indicates that no seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion is not applicable. The proposed project is for a single-family residential boat dock facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable for this boat dock proposal. Staff analysis indicates that the request meets five of the five primary criteria and five of the six secondary criteria. The primary reason for the boat dock extension application is the installation of a new boat lift mechanism onto the east slip of an existing boat dock facility. Based on a GMD Records search, there is no boat dock extension permit documentation for the existing dock. Therefore, under the LDC provisions, the installation of a new boat lift mechanism requires the entire dock facility to be approved with a Boat Dock Extension Application to the Collier County Hearing Examiner. BDE-PL20170002620, Horst Boat Dock Page 6 of 8 APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: For any boat dock extension petition acted upon by the Collier County Hearing Examiner, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Department Head within 30 days of the action by the Hearing Examiner. If approved by the Hearing Examiner, the applicant shall be advised that they must not proceed with construction during the 30 -day period. Any construction work completed ahead of the approval authorization shall be at their own risk. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for BDE PL20170002620 on February 22, 2018. RECOMMENDATION: Based on the above findings, the Zoning Division recommends that the Collier County Hearing Examiner approve BDE PL20170002620, 623 Sunset Drive subject to the following condition: 1. A maximum number of two boats shall be permitted to be moored at the dock. Attachments: ATTACHMENT A. Back-up materials packet, including the Submerged Resources Survey (Turrell Hall), application, and specific purpose survey (Court Gregory Surveying). BDE-PL20170002620, Horst Boat Dock Page 7 of 8 C. JAMES SAGO, AICP, PRINCIPAL PLANNER ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: C�: zs�A RAYM D V. BELLOWS, ZONING MANAGER ZONIN DIVISION -ZONING SERVICES SECTION r MIKE BOSI, AICP, DIRECTOR ZONING DIVISION -ZONING SERVICES SECTION 3 '� 0.109." DATE +~?- 18 DATE DATE BDE-PL20170002620, Horst Boat Dock Page 8 of 8 ATTACHMENT A • HORST RESIDENCE 623 SUNSET DRIVE NAPLES', FL 34145 SUBMERGED RESOURCE SURVEY 0 OCTOBER 2017 PREPARED BY: TURRELL, HALL & ASSDCIATES, INC 3581 EXCHANGE AVENUE, STE B NAPLES, FL 34104 0 C. HORST RESIDENCE SUBMERGED RESOURCE SURVEY OCTOBER 16, 2017 1.0 INTRODUCTION The Horst residence and associated docking facility is located at 623 Sunset Drive, identified by Parcel Number 46422880008. The property is located off Sunset Drive just south of Goodland Drive then bound to the west by a single-family residential lot, bound to the east by another single-family residential lot, and bound to the south by the waterway/canal. The property is located in Section 18, Township 52 South, and Range 27 East. The upland portion of the property is a single-family residence. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of installing a new boatlift on existing docking facility within a man-made waterway off Goodland Bay. The SRS survey was conducted on October 10, 2017. Light northeast winds, mostly clear skies, and an outgoing tide resulted in visible access to the entire project area. Surface water conditions on this day were calm which also helped to provide fair environmental conditions for the survey. The water temperature was 81'F. High tide occurred at 8:24 A.M (3.5') and low tide occurred at 3:38 P.M (0.4') on the date of the • survey. 2.0 OBJECTIVE The objective of the Submerged Resource Survey was to identify and locate any existing submerged resources within the limits of the proposed dock project or within 200 -feet of the project area. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. If seagrasses are present within the project area it needs to be determined if the seagrass beds are small in size or if they are part of a large seagrass bed. The general scope of work performed at the site is summarized below. Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS • (Garmin Model 76csx). Page 1 of 5 • HORST RESIDENCE SUBMERGED RESOURCE SURVEY OCTOBER 16, 2017 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed dock installation and the surrounding area expanding out 200 -feet from the project area. The components for this survey included: • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10 -feet apart within the proposed dock footprint as shown on the attached exhibit. The survey was expanded out 200 -feet from the proposed docking facility in order to verify no other resources were within the surrounding waterway. The neighboring properties have existing docks which helped to provide easily identifiable • reference markers, such as dock piles which assisted in locating transects and keeping them consistent throughout most of the survey area. One biologist swam these transects using snorkel equipment within the surveyed area. The other individual assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. 4.0 RESULTS The substrate found within the surveyed area consist of a silt/muck material. There was also scattered oyster debris along the property shoreline in front of the existing concrete seawall. There is an existing docking facility on-site which provides habitat for fish, crabs, barnacles, and possible oysters to grow on and around. The majority of the survey area exhibited a silt/muck bottom that was devoid of any aquatic vegetation growth or any types of submerged resources. The lack of any submerged resources is most likely due to the overall water quality within the canal and surrounding bay as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths. • Various filamentous algae and macro algae were observed and documented growing along the bottom sediments throughout the survey area. Also observed were numerous Page 2 of 5 HORST RESIDENCE SUBMERGED RESOURCE SURVEY OCTOBER 16, 2017 fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 — Observed Fish Species Common Name Scientific Name mangrove snapper Lutjanus griseus sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey was completed for the entire subject property shoreline and expanded out 200 -feet from the project area which yielded few findings. Barnacles were observed growing on the seawall and existing dock piles. The only resources observed during the survey were fish species which included: Gray Snapper (Lutjanus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), • and a few Common Snooks (Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility. r-1 LJ Page 3 of 5 • • • HORST RESIDENCE SUBMERGED RESOURCE SURVEY OCTOBER 16, 241 7 Bottom Sediment along shoreline, silt/muck Existing dock piles with barnacle growth Page 4 of 5 • • • HORST RESIDENCE SUBMERGED RESOURCE SURVEY OCTOBER 16, 2417 Barnacle growth along shoreline Existing docking facility on-site Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS • PERMIT PERMIT #: PRBD2016010024101 PERMIT TYPE: MR ISSUED: BY: APPLIED DATE: 01-05-16 MASTER #: COA: JOB ADDRESS: 623 Sunset DR JOB DESCRIPTION: INSTALL 4 LIFT PILINGS AND 1 NEW BOAT LIFT AT JOB PHONE: 623 SUNSET DRIVE, GOODLAND, 34140 623 SUNSET DR SUBDIVISION #: FLOOD MAP: FOLIO #: 46422880008 OWNER INFORMATION: HORST, DAVID R & SHARON L 109 SMOKEY MOUNTAIN VISTA HONEY GROVE , PA 17035 - FCC CODE: CONSTRUCTION CODE: 0218 • JOB VALUE: $0.00 BLOCK: ZONE: ELEVATION: SECTION -TOWNSHIP -RANGE: 18-52-27 CONTRACTOR INFORMATION: COLLIER SEAWALL & DOCK, LLC 950 N COLLIER BLVD #420 MARCO ISLAND, FL 34145 -- APPROVAL DATE: 02-16-16 CERTIFICATE #:: C26340 PHONE: TOTAL RES SOFT: 0 TOTAL COMM SOFT: 0 LOT: SETBACKS FRONT: REAR: 20'(Potrusion) LEFT: 15' RIGHT: 15' SEWER: WATER: CONTACT NAME: CONTACT PHONE: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS • TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. S WFA W W!5LEAWALL, &DOCK 950 North Collier Blvd,, Ste 420— Marco Island, Florida 34145 Phone: (239) 389-4700 — Fax: (239) 389-4701 FU RIO, VITO Collier County Growth Management 1, Vito Furio being the owner of 622 Sunset Dr. Goodland & the neighbor of David Horst at 623 Sunset Dr. have reviewed the position of the boat lift at my neighbor's house & have no obj ection. 0 Signed 0 Date '/- 11 C� Printed • • 0 ",ICAwALL �bOCK Oma *wvlh if PAUtiv U1.4 . w1; 1:1;' ti�1MY+Y �+tirnd i Sa �� 11"k 31019 l COI icr Olunty Growth Mgm9cment 1 Terri Walker, being the uwnrr of 621 Sun4ct Dr-GcK4anj & #fie, neigtthwor of David Horm at V2B Sunset Car. have Y'evi w•ca It -.c lx'siti011 Ofthe N)al fill at MY neighbor's house & have nt) obj eet ioll- 4 nc'd Printed T407 We t11 00' i s 4 7� • zoa EXISTI DOCK LOVER WATER STRUCTURE 316# SOFT) CUSTOMER SIGNATURE: • SHEET NO. o Ile SEAWALL Al �Cwm-�, SCK uc HORST - 623 SUNSET DR. - GOODLAND SCALE: 1"=29-0" APPROLIEDBY- DRAWN BY:KD DATE: 1010711 �REV- COLLIER SEAWALL & DOCK, LLC EXISTING COND. 2014 AERIAL_7NG NUMBER: 25' EXISTING DOCK TO REMAIN COVER WATER STRUCTURE 516± SOFT) CUSTOMER SIGNATURE- �Au & DOCK � F JI I (4) NEW PILES S NEW 6K LIFT A3 5 J f 4 I f l 12' r z 25' LIMIT HORST - 623 SUNSET DR. - GOODLAND SHEET NO. SCALE: V=19-0" APPROVED BY: DRAWN BY:KD DATE: 10I07115 REV: A2 COLLIER SEAWALL & DOCK, LLC PROPOSED LIFT I DRA4NNGNUM BEI 9 Ip I . OLLE 11Ar aN SCALE: JL J CUSTOMER S[GNAIURE: HORST - 623 SUNSET DR. - GOODLAND SCALE:1"=14'O" ` APPROVED BY: DRAVM BYXD SHEET NO. 6.90FWMAWALL A3COLLIER GATE: 0511$12017 REV: SEAWALL & DOCK, LLC W& DOCK PROPOSED LIFT DRAYNNG NUMBEI A CO WW LSERADIWA LL OCK U( 950 North Collier Blvd., Ste 420 Marco Island, Florida 34145 Phone. (239) 3894740 — Fax: (239) 389-4701 To: James Sabo Cc: HEX 1. This permitted project from the year "20 16" was completed prior to the County requiring a pre -survey of seawalls vs actual property lines, so the pians were approved & all involved were with the understanding that the existing dock & the new boat lift would be protruding 20' per code. The post construction survey revealed that the property line is actually behind the seawall, so the requirement then shifts, per code to the most restrictive point. This revelation required the application for the BDE, so that we could obtain a C/O for the project. It is the owner's intention to store only one Boat (approximately 20' long) at the dock, however he has friends that come by boat to visit from time to gime. 2. All 118 feet of area between the docks is navigable. 3. Code required side setbacks of 15' are being adhered to, as the dock is 36'-6" from the West property line and 33'-5" from the Eastern line. 4. The only change to the existing dock that we are aware of (comparing our plan to the survey) is a small "V" shape area of the decking has been removed by a few boards in the front of the dock near the wall, aur plan shows the boat backing in, but the survey shows these boards removed to pull straight in to the slip. 5. The original dock was permitted in 1977, there is a second attachment enclosed that shows an email request from our permitting Agency to obtain the file & the response from the County Records Department that they looked through the microfilm, but due to the age of the project, they do not have any plans. 6. As far as I can ascertain the other boats that were there at the time were people visiting & they do not remain all the time. Thank you, r; Brian Gilmore C7 J .C' 0440 = LOCATION OF NEIN LIFT PILINGS jr 40• �•1'. TOTAL PROTRUSION WILL NOTE CEED 25' FROM FACE OF SEAWALL SETBACK REQLIREMEN- T 21, vx�:cn Ftrn"T.e:or. SIDS`. 15, FR0.NFr L REAR 3 4' 5" NEW PILES & W 6K LIFT EmSTING DOCK TO REMAIN (OVER WATER STRUCTURE 3I6.� SQFT) 30, N Brian Gilmore From: Reliable Permitting & Business Support Svc. <reliablepermitting@gmail.com> Sent Tuesday, February 27, 2018 3:55 PM To: Brian Gilmore Cc: Shalonda Washington Subject: Fwd: HORST - 623 SUNSET Brian, Please see forwarded email below in regards to the records you need from 1977. Respectfully, April F. be Leon Office Coordinator Reliable Permitting & Business Support Services, Inc (239) 234- 2578 Ext: 100 • Reliablepermitting@gmail.com Office Hours: 9 am- 4 pm "The permit process is effortless with the PERMIT QUEEN on your TEAM" ---------- Forwarded message ---------- From: GAIDRecordsRoom<GMDRecordsRoomaa,colliercountyfl.,Rov> Date: Tue, Feb 27, 2018 at 2:08 PM Subject: RE: HORST - 623 SUNSET To: "Reliable Permitting & Business Support Svc." <rehableuermitting@gLaail.com> Cc: Shalonda Washington <apermitqucenaol.com> (cr� Good Afternoon April, I took a look through microfilm but due to age, we do not have any plans for that Dock permit -0 Have a wonderful day! Best Regards, Records Room Customer Service Specialist Collier County Government Growth Management Division Planning & Regulation 2800 N Horseshoe Dr. Naples FL 34104 Ph: (239) 252-2419 Fax: (239) 252-6265 "HOW ARE WE DOING? " Follow this link to fill out a CUSTOMER SURVEY.- htips://www.survononkey.com/r/GMDOPSREGMGMT 0 We appreciate your feedback! Please send us a copy too! gmd recordsroom(a) ollier og v. net Co*e&V County ATTENTION: Be advised that under Florida's Government -in -the -Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine Law • 0 • r� U CoTY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 vAm.coiliergov.net (739) 252-2400 FAX. (239) 252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): 2 QOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed bysroff DATE PROCESSED APPLICANT INFORMATION Applicant(s): CEJ 1 IfX C—ffilm 11 $ 0l1 r� } u ty: is . PL_ : s Address: 99 N ( 1 �Y I"711r`r� 4h' �ci 1 i1 State• l� ZIP. � « EAU ... - �. • � • - �a . •. � STs_ r a u Firm: Address: 3%) tJrr f!5k f' bk. I5Q _City: State: _ ZIP:— 31 Telephone: 2-"!'-q Cell: Fax: E -Mail Address: 'I(1'Y111 Y''f C' CIm PROPERTY LOCATION Section/Township/Range: IS /,5-9_/c2-1 - Property I.D. Number: !AU427 'SRMt'�?? Subdivision: -n iar %'A 114e_5 IstAMilihn Unit: Lot: 2_ _Block: Address/ General Location of Subject Property: (o-23 I)Y. C� mcg 1 a al, Q :2,>!j� Current Zoning and Land use of Subject Property: 2/28/2017 Page 2 of 7 •*rr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colitergov.net (239) ZSZ-2400 FAX: (239) 25Z-6358 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? Q I A Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official Interpretation or zoning verification rendered on this property within the last year? E] Yes [KNo If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to • the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not Intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) • 2/28/2017 Page 4 of 7 Gamer County COLLIER COUNTY GOVERNMENT 2500 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and mal Submittal Requirement Checklist for: Dock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website):6:.°:;; Signed and Sealed Survey ; - [s-}' Q Chart of Site Waterway Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed 6 ^/ 19" ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized1- = ❑ Completed Addressing Checklist 5.r -t: ❑ fWd#6fftcopyof.:ail required d6eaments *Please advise: The Office of the Hearing Examiner requires all materials 1 ❑ to be submitted electronically i formai. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 0 2/28/2017 Page 6 of 7 Go er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34904 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel Prior to ore - application meeting Please allow 3 days for Processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Pian) []1 BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Pians & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) ,-1 LFL4 22 't"�, 9 (` n('`) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) �kLy 51 PROPOSED STREET NAMES (if applicable) _._i- t P� — SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 0 SDP - or AR or PL # , . t AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, �ci t!r 'f /7c7,^f (print name), as C/ L,J•? f! {title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicantQcontract purchaserEand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on ,he referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers, to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the appi action. 5. Wel! authorize ('r%/'/{ r JLGt . C-)" C/ c`Jc%C /C (I C. to act as our/my representative in any matters regarding this petition including 1 through 2 above. '!dotes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v pres. If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's 'Managing Member,' If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. If the applicant is a limited partnership, then the general partner must sign and be idenlied as the 'general partner of the named partnership. a lfthe applicant is a trust, then they must include the trustee's name and the words `as trustee". in each instance, first defermine the applicant's status, e.g_, individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. )'a 6 Pe Signature Date STATE OF FLORIDA COUNTY OF COLLIER. The foregoing instrum, it was�swom to (or affirmed) and subscribed before me on ! 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Yc a C' ` a 5'F 2821s'� a O v IY O 6ia=D ep > ��WC^WYi C smT. �W 5~ gig 4a�g��,�3i om °fir ¢g � S�uI Amu voa o�v®massa_&5��g� ��67g�S�s� u 4 n i x ': x x y e Y x x F _ 7 > O "E Z S B a55�F e mg L. ` N05-0 Ed p2'06' ZN m a c .3D _z (6B DAVIiff►) �_•� CL SUNSET DR ffg a (W WIDE) I (ROADWAY. P.U.E.) s fy� $ n v W Ser bot leean�m.«•) •nav = w w 00 4� J , j lee tvlhlSPl� O Z m W W yj d CP -- A78 m O = = m a 2 � W Q �r U_C, O om u77pOD n D I c+) • W 'u any= UU 'J �i > Wuj S�� C7 Q a rUn 'o m Coi er C DUnty Growth Management Department August 18, 2017 HORST, DAVID R & SHARON L 109 SMOKEY MOUNTAIN VISTA HONEY GROVE, PA 17035 - EMAIL - RE: Boat Dock Extension PL20170002620 46422880008 (BDE) Dear Mr & Mrs Horst: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: • Rejected Review: Environmental Review Reviewed By: Craig Brown Email: CraigBrown@colliergov.net Phone #: (239) 252-2548 Correction Comment 1: Seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph. All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, or meet restrictions for continuous beds (LDC 5.03.06 I.2-3). Demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized (LDC 5.03.06 I.4). Please provide a Submerged Resources Survey per LDC 5.03.06 (J) Correction Comment 2: Miscellaneous Corrections Please address the following Secondary criteria LDC 5.03.06 (11)(2): e Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). 0 Co ier County Growth Management Department December 04, 2017 HORST, DAVID R & SHARON L 109 SMOKEY MOUNTAIN VISTA HONEY GROVE, PA 17035 - RE: Boat Dock Extension; PL20170002620; 46422880008 (BDE) Dear Mr. and Mrs. Horst: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. Please address the following comments: Review: County Attorney: Heidi Ashton-Cicko Email: heidiashton@colliergov.net Phone #: (239) 252-8773 Correction Comment 1: Miscellaneous Corrections: Please provide the affidavit of authorization from the property owner on the County's form affidavit. 11-14-17 still outstanding -the owners are David R. and Sharon L. Horst The following comments are informational and/or may include stipulations: Applicants who are converting a paper submittal to E -Permitting must resubmit complete sets of all plans, signed and sealed, even if they were previously approved on an earlier review. As a reminder, all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E -Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E -Permitting. Also, identification of the changes in cover letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re -submittal must be made within 270 days of this letter. If you have any questions, please contact me at 239-252-2708 or email jamessabo@colliergov.net. 0 Coir County Growth Management Department January 19, 2018 Ms. Shalonda Washington 2223 Trade Center Way Naples, FL 34109 RE: Boat Dock Extension; PL20170002620 46422880008 (BDE) Dear Ms. Washington: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to he addressed as noted.- is oted:• Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko Email: heidiashton@colliergov.net Phone #: (239) 252-8773 Correction Comment l: Miscellaneous Corrections: Please provide the affidavit of authorization from the property owner on the County's form affidavit. 11-14-17 still outstanding -the owners are David R. and Sharon L. Horst 1-19-17. The affidavit was provided signed by Mr. Horst. However, Paragraph 5 where the agent is named is left blank. Per the application, the applicant is Collier Sewall and Dock and the agent is Reliable Permitting. The entity that is representing the owner at the hearing needs to be named in the affidavit of authorization. The following comments are informational and/or may include stipulations: Applicants who are converting a paper submittal to E -Permitting must resubmit complete sets of all plans, signed and sealed, even if they were previously approved on an earlier review. As a reminder, all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E -Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E -Permitting. Also, identification of the changes in cover letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. 0 5117/2617 Gmail - URGENT!Fwd: PRSD20160100241 - spot survey co hold • 01 Gma1E April De Leon <april.rellab] epermitting@gmaiLcom> 0 • URGENT!Fwd: PRBD20160100241 - spot survey co hold BellowsRay <RayBellows@colliergov.net> Wed, May 17, 2017 at 3:00 PM To: April De Leon <apol.reliablepermitting@gmail.com> Cc: Shalonda Washington <apermitqueen@aol.com>, ScottChris <ChdsScott@colliergov.net> Based upon the information contained in this e-mail chain a formal pre -app meeting can be waived. ,Ray Raymond V. Bellows. Zoning Manager Zoning Division - Zoning Services Section Growth Management Department 7,0 r c01471ty From: April De Leon [mailto:april.reliablepermitting@gmaii.com] Sent: Wednesday, May 17,2017 10:54 AM To: BellowsRay <RayBellows@colliergov net> Cc: Shalonda Washington <apermitqueen@aol.com>; ScottChris <ChrisScott@coliiergov.net> Subject: Fwd: URGENTIFwd: PRBD20160100241- spot survey co hold lQuoted text hidden) 2 attachments image005.png Colft-r CoHnty 244K (� oledata.mso 230K https:flmail.goVe.con/magllu/1Rui=2&ik=05c8ef6c3a&view=pt&msg=15c17cB366872412&search=inbox&sim1=15ol7c8366872412 ill • • NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., March 8, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. BDE-PL20170002620 — COLLIER SEAWALL & DOCK, LLC REQUESTS A 5 -FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET LIMIT IN SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 25 FEET TO CONSTRUCTA DOCKING FACILITY TO ACCOMMODATE TWO VESSELS FOR THE BENEFIT OF LOT 23, BLOCK E, GOODLAND ISLES IST ADDITION, ALSO DESCRIBED AS 623 SUNSET DRIVE, IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. m 3 Sunset CT ea Tr r. AVE C N W PROJECT m LOCATION v 5 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida February 16,2018 ND -1917824 ❑ PROOF O.K. BY: ❑ O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE ADVERTISER: COLLIER COUNTY HEX PROOF CREATED AT: 2/6/2018 9:41 AM SALES PERSON: Ivonne Gori PROOF DUE: - PUBLICATION: ND -DAILY NEXT RUN DATE: 02/16/18 ND-1917824.INDD SIZE: 3 col X 9.25 in ,ia Re'--, Mai L:�. p 44 IN ------------- ',�j t,� Ye, f 3 t r i s. (• F i syY/�- .-.s P°3 +�� t� � -, }rti'•.°` 9�4_., `�., �� Y �. 'v j}��`lYt� � y � i� s ,;'.+ ,«�' f ��yi ^-. ..o- ..l�i�bs} ti* � � �(f'R v,_ �'`p F -7--" 3 f �" _ �'4" � •, J al. + i, t1+�/yfr,7 {` }mow- , _,t .�L%�-v:,w i.'f_-. L i r q '"• .r.�` .1 ,T 1p ,.t t t' • ( f t`y r +•. +�:' .� + �t �( f (/'r �-t�C J' f� �, •y ;..:,, �J (- � f `"�, �' Y .i r � ? / �' S ✓.-.lj_ �.}'t ��'S�_/ vBuild it! .787" LP d for Cons io 1 2 2117 m c 4 a w 0 ental pt December 9, 2015 David Horst c/o Brian Gilmore Collier Seawall & Bock Florida Department of Environmental Protection South District Post Office Box 2549 Fort Myers, Florida 33902-2549 SouthDistrict[)a dep. state. 9.. us 950 North Collier Boulevard, Suite 420 Marco Island, FL 34145-2722 kristina(w.coll i erseawal landdock.c om Re: Collier County — ERP File No. 11-0339770-001 Dear Mr. Horst: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson On November 22, 2015, we received your request for verification of exemption to perform the following activities: Secretary To install a boat lift at an existing 316 square -foot dock in a residential canal, Class III Waters, at 623 Sunset Drive, Goodland (Parcel ID No. 46422880008), Section 18, Township 52 South, Range 27 East, Collier County. Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization that may be necessary for work in wetlands or waters of the United States. Your project either qualifies or was not applicable for all three authorization types. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorization that may be required for the activity. 1. Regulatory Review — VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt, under Chapter 62-330.051(5)(b), Florida Administrative Code, from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re -verify the exempt status for the activity after the one-year expiration of this verification, a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. IsConditions of compliance with the regulatory exemption are contained in Attachment A. tit ww•.dep_srate J7_us Build it! Collier County Approved for Construction or201601002412. Ahmps ietary Review — NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. Authority for review - Chapter 253, F.S. and Chapter 18-21, F.A.C. and Section 62-330.075, F.A.C. as required. 3. SPGP Review — APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit 1V -R1, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 25, 2016. You, as permittee, are required to adhere to all General Conditions and Special conditions that may apply to your project. A copy of the SPGP IV -R I with all terms and conditions and the General Conditions may be found at http:llwww.sai.usace.aMy.mi]/Divisions/Regulatorylsourcebook.htm. Additional Special Conditions are required for your project and have been incorporated as attachments. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. 40 Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to insure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 124.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, File Name: Horst, David FDEP File No.: 11-0339770-001 Page 2 of 5 Build it! CA e -r C;ourtty Approved for airhir"all be the address for service purposes during the course of the proceeding; and an 60100z41 emFdmution of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 or at Agency Clerk a,dep.state.f1.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S. must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 124.60(3), F.S., however, any person who has asked 40 the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review File Name: Horst, David FDEP File No.: 11-0339770-001 Page 3 of 5 Build it! Co ger C Runty app..VThA.V41Ufiatpgr any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also �Dzvtsvioozaiseek appalbat review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. 11 L' Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.5$, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. [THIS SECTION INTENTIONALLY LEFT BLANK] File Name: Horst, David FDEP File No.: 11-0339770-001 Page 4 of 5 Build it'. o xer C 014"ty ApprovThwtLk*au,o&applying to the Submerged Lands and Environmental Resource Program. If you Have JW 2aisaiooz41any quDAimsy please contact Kent Edwards by telephone at (239) 344-5673 or by email at kent.cdwardsAdep.state.fl.us. When referring to this project, please reference the file number listed above. Executed in Lee County, Florida. Attachments: 2 project drawings Attachment A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, John Kent Edwards Environmental Manager Submerged Lands and Environmental Resources Program South District General Conditions for Federal Authorization for SPGP IV -R1 Special Conditions for Use of the SPGP IV -R1 Sea Turtle and Smalltooth Sawfish Construction Conditions Standard Manatee Conditions for In -water Work 2011 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document, including all copies, was mailed before the close of business on December 9, 2015, to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. �I'/'N/' �• Ill•; Clerk December 9, 2015 Date File Name. Horst, David FDEP File No.; 11-0339770-001 Page 5 of 5 T361•: 3' a .ice w � a .4R i 1 jk .+ i`. d�tAQ"re�►. Or RECEIVED November 23, 2015 ! , South District DEQ' EXEMPT File Number: 11-03397 623 SUNSET DR. - GCCDLAND SHEET NO. 1 4 EM STING DOCK (OVER WATER STRUCTUR-E 316- SQFT) O - i 2 :USTOMER SIGNATURE: 623 SUNSET DR. - GCCDLAND SHEET NO. SCALE: 1"=20'-0" APPROVED 6Y: DRAWN BY:KD �sr7 DATE: 14107115REV: A -�Al - 0 TD06C�;j��& COLLIER SEAWALL &DOCK, LLC .. � EXISTING CON[). 2014 AERIAL °RawiNGrauMa-Ei a STOM ER SIGNATURE: ;i� ff� 0'pZ EAWALL & DOCK uc �f� 623 SUNSET DR. - GOODLAND SHEET NO. SCALE: 1"=10'-O" APPROVED BY: DATE: 10107115 1 DRAWN BYAD IREV7 A2COLLIER SEAWALL & DOCK, LLC PROPOSED LIFT oRAVvarecNse Build it? co ger County Approved for Construction �ZOI BO 100241 2/17/2016 Attachment A — Conditions for Compliance 62-330.051(5)(1) Dock, Pier, Boat Ramp and Other Boating -related Work - Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided: 1. The cumulative square footage of all structures located over wetlands and other surface waters does not exceed the limitations in Section 403.813(1)(b), F.S.; 2. No structure is enclosed on more than three sides with walls and doors; 3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. 0 0 Build it! Co -ier cal.'Mty Approved for Gonstiuction 0DZOIGO100241 Z/1 12616 CsENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP IV -R1 1. The time limit for completing the work authorized ends on July 25, 2016 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property 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. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. Build it! co ger County Approved for Construction �xoafiuiooxsi� Damagesrto 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. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of 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. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (ADDRESS) 0 Build it! Cori e -r County Approved for Construction �I]20160100241 211712Ulfi SPECIAL CONDITIONS FOR USE OF THE SPGP IV -R1 1 The District Engineer reserves the right to require that any request for authorization under this general permit be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP IV-Rl does not automatically guarantee authorization. 2 No activity is authorized under the SPGP IV-Rl which may impact a federally listed threatened or endangered species or a species proposed for such designation, or its designated critical habitat. 3, On a case-by-case basis the Corps may impose additional special conditions which are deemed necessary to minimize adverse environmental impacts. 4 Failure to comply with all conditions of the Federal authorizations under the SPGP IV -R1 would constitute a violation of the Federal authorization. S The SPGP IV -RI is not applicable in the geographical boundaries of: Monroe County; the Timucuan Ecological and Historical Preserve (Duval County); the St. Mary's River, from its headwaters to its confluence with the Bells River; the Wekiva River from its confluence with the St. Johns River to Wekiwa Springs, Rock Springs Run from its headwaters at Rock Springs to the confluence with the Wekiwa Springs Run, Black Water Creek from the outflow from Lake Norris to the confluence with the Wekiva River; canals at Garfield Point including Queens Cove (St. Lucie County); the Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson State Park; the St. Lucie Impoundment (Martin County); all areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between St. Lucie Lock (Martin County) and W.P. Franklin Lock (Lee County); American Crocodile designated critical habitat (Miami -Dade and Monroe Counties); Johnson's seagrass designated critical habitat (southeast Florida); piping plover designated critical habitat (throughout Florida); acroporid coral designated critical habitat (southeast Florida); Anastasia Island, Southeastern, Perdido Key, Choctawhatchee, or St. Andrews beach mice habitat (Florida east coast and panhandle coasts); the Biscayne Bay National Park Protection Zone (Miami -Dade County); Harbor Isles (Pinellas County); the Faka Union Canal (Collier County); the Florida panther consultation area (Southwest Florida), the Tampa Bypass Canal (Hillsborough County); canals in the Kings Bay/Crystal River/ Homosassa/ Salt River system (Citrus County); Lake Miccosukee (Jefferson County). 6. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Build it! C:o ger C 0T4"ty Approved far Construction 20160100241 Rt'940ft. Prior to the start of work, the Applicant/ Permittee or other party on the Applicant's/Permittee's behalf shall conduct a search of known historical properties by contracting a professional archaeologist, contacting the Florida Master Site File at 850-245-6440 or SiteFile@dos.state.f1.us . The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at ht tp:l 1 w ww.cr. nps.8ov1 nrl research/. If, during the initial ground disturbing activities and construction work, there are archaeological/ cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. In the unlikely event that human remains are identified, they will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, the State Archaeologist (850-245- 6444), and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 7. No work shall be authorized under the SPGP IV -RI which proposes the use of prefabricated modules for habitat creation, restoration, or enhancement. 9 No activity shall be authorized under the SPGP IV-Rl which by its size or location may adversely impact water quality, fish and wildlife habitat, wetlands, or emergent or submerged aquatic vegetation. Where aquatic vegetation is present adverse impacts to aquatic vegetation from construction of piling- supported structures may be avoided/ minimized by adherence to, or employing alternative construction techniques that provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers'/ National Marine Fisheries Service's "Construction Guidelines in Florida for Minor Piling -Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat U.S. Army Corps of Engineers/ National Marine Fisheries Service August 2001." (See http: / /www.saJ.usace.army.niilZ divisions] Reg-ulatory I sourcebook.htm) + Stzild iS� Collier C',01411ty Approved far Construction �Z0160100241 Wg#g w,otherwise specifically approved by the National Marine Fisheries Service, where aquatic vegetation is present, piling -supported structures authorized under the SPGP IV -R1 must comply with, or provide a higher level of protection than, the criteria contained in the referenced construction guidelines. Additionally, because of concerns about adverse impacts to the endangered Johnson's seagrass (Halophila johnsonii), piling -supported structures in the lagoon (as well as canal) systems on Florida's east coast from Sebastian Inlet (Brevard County) south to and including central Biscayne Bay (Miami - Dade County) must also comply with, or provide a higher level of protection than, the criteria contained in the construction guidelines titled "Key for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's seagrass (Halophila johnsonii) National Marine Fisheries Service/U.S. Army Corps of Engineers - February 2002." (See httR:Z Zvvww.sai.usace.army.mil/ Divisions 1 ReV,ulatory/ sourcebook.htm} Note: Both of the Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of each Department of the Army permit application. 9 Prior to issuance of authorization, the dichotomous key titled "The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida," dated March 2011, will be used to determine potential manatee impacts. All projects determined to be "may affect" and certain multi -slip facilities determined to be "may affect, not likely to adversely affect" will be sent to the Corps for consultation with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of each Department of the Army permit application. The current version can be found on the Jacksonville District Regulatory Home Page at: http:/ I www.saj.usace.army.mil/ Divisions/ Regulatory sourcebook.htm 10. For projects in waters accessible to sea turtles, Small tooth sawfish, Gulf sturgeon, or Shortnose sturgeon, the permittee will utilize the "Sea Turtle and Small Tooth Sawfish Construction Conditions" (see http: / /www,sai.usace.armv.mil/ Divisions/ Reaulatory / sourcebook.htm] and any added requirements, as appropriate for the proposed activity. Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application. 11 With respect to bald eagles, the permittee should refer to the U.S. Fish and Wildlife Service's "National Bald Eagle Management Guidelines," dated May 2007 (see htt www.fws. &ov nortliflorida BatdEagles/ bald -ea les.htm) for guidance and clearance. Note: The preceding should be considered an interim Build it! Cao ger County Approved for Construction orZ0160100241 ~Wn, after which, new rules may be promulgated. It is the Corps' intention that the most recently approved version of these conditions or ensuing rules will be utilized during the evaluation of permit applications under this general permit. 12- For projects authorized under this SPGP IV-Rl in navigable waters of the U.S., the permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Archy or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 13. The SPGP IV -R1 will be valid for five years from the date of issuance unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the pemlit during the five-year authorization period is not contrary to the public interest. If revocation occurs, all future applications for activities covered by the SPGP IV -R1 will be evaluated by the Corps. 14 If the SPGP IV -R1 expires or is revoked prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP IV-Rl will remain in effect provided the activity is completed within 12 months of the date the SPGP TV -R1 expired or was revoked. 15 The General conditions attached hereto are made a part of this permit and must be attached to all authorizations processed under this permit. BY AUTHOMIY OF THE SECRETARY OF THE ARMY: Alfred A. Pantano, Jr. Colonel, U.S. Army District Engineer 0 „ Build it! o T Ce-r Comity Approved for Construction 20160100241 2/17/2016 ATTACMENT #14 BpGp Iv SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS • 0 Build it! Co of, r CO141'!ty 4*�,►T.F Approved for Construction or20160100241 2/17/2016 %MIT UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg. FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalftooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or mriatkooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wakelidle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredgmg operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment_ Activities may not resume until the protected species has departed the project area of its own volition. f Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:IfornlslSea Turtle and Sn mlkoath Sawfish Construction Conditions -doe Build it? Co ter County Approved forConstrnTANDARD MANATEE CONDITIONS FOR IN -WATER WORK D20160100M 2/17/20 6 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. 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. T he 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. b. All vessels associated with the construction project shall operate at "Idle Speed/No W ake" 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 will follow routes of deep water whenever possible. 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 must not impede manatee movement. d. All on-site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) 0 has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving, e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FW C) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and W ildIite Service in Jacksonville (1-904-731-3336) for nofth Florida or Vero Beach (1-772-562-3909) far south Florida, and to F W C at IrnoeriledSoecies@myFWC.com 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. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 J " by 1 1" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.comlmanatee. Questions concerning these signs can be sent to the email address listed above. 0 ti, Co r Cant 'I PPF PA&bzui6oia02J] mpd fur 17/2616 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 * FVHC or #FWC