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HEX Agenda 01/23/2020AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 23, 2020 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: A. PETITION VA-PL20190001712 – William Winn requests a variance from Section 4.02.01 A., Table 2.1 of the Collier County Land Development Code to reduce the minimum rear yard setback from 75 feet to 67.29 feet to allow for construction of a garage addition on property located at 2600 Coach House Lane, in Section 23, Township 49 South, Range 25 East, Collier County, Florida, consisting of 2.39+/- acres. [Coordinator: John Kelly, Senior Planner] B. PETITION BDE-PL20180003700 – Michael and Rebecca Campbell request a 13.14-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 33.14 feet, to accommodate a new docking facility with two boat slips including one boat-lift for the benefit of property described as Lot 3, Block G, Little Hickory Shores, Unit 3 Replat in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (Companion to VA-PL20170001588) [Coordinator: John Kelly, Senior Planner] C. PETITION NO. VA-PL20170001588 – Michael and Rebecca Campbell request a variance from Section 5.03.06.E.6 of the Collier County Land Development Code, to reduce the minimum side yard setback from the riparian line from 7.5 feet to .27 feet for a boat lift on the east side and from 7.5 feet to 1.24 feet for the dock facility on the west side to accommodate a boat dock on property described as Lot 3, Block G, Little Hickory Shores, Unit 3 Replat in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (Companion to BDE-PL20180003700) [Coordinator: John Kelly, Senior Planner] NOTE: This item is continued indefinitely. D. PETITION NO. VA-PL20190000357 – Barefoot Beach Master Association, Inc. and Barefoot Beach Property Owners Association, Inc., request a variance from Sections 5.06.02 B.1.a. and 5.06.02 B.6 of the Collier County Land Development Code, to increase the maximum allowable sign height from 8 feet to 15 feet and 11 inches for the eastern entrance sign and 16 feet and 1 inch for the western entrance sign for the Barefoot Beach residential communities, park, and beach access located at the intersection of Barefoot Beach Blvd. and Bonita Beach Road in Section 6, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A Co er C0unty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION -,ZONING SERVICES SECTION HEARING DATE: JANUARY 23, 2020 SUBJECT: PETITION VA-PL20190001712; WINN - 2600 COACH HOUSE LANE PROPERTY OWNER/AGENT: Owner/Applicant: William Winn 2640 Coach House Lane Naples, FL 34105 REQUESTED ACTION: Agent: Earl Hawk High Tech Enterprises, Inc. 55 Aqua Lane Fort Myers, FL 33903 To have the Collier County Hearing Examiner (HEX) consider an application for a variance from Section 4.02.01 A., Table 2. 1, of the LDC to reduce the minimum rear yard setback from 75 feet to 67.29 feet to allow for garage addition, accessory to a single-family dwelling, located within an Estates (E) zoning district. GEOGRAPHIC LOCATION: The subject property is located at 2600 Coach House Lane and is legally described as Easton Park at Coach House Lane Lot 1 in Section 23, Township 49 South, Range 25 East, Collier County, Florida, consisting of 2.391 acres acres (See location map on page 2). PURPOSEIDESCRIPTION OF PROJECT: The Applicant is requesting a variance to allow for a garage addition of 50 -feet by 38.67 -feet to be Iocated a minimum of 67.29 feet from the south (rear) property line. A Variance from LDC Section 4.02.01, Table 2.1, which requires a minimum rear yard setback of 75 feet in the Estates zoning district for both principal and accessory structures is required. Said request is being made in an effort to preserve an old-growth oak tree that prohibits the garage addition from being placed further north; the required side yards of 30 -feet are to be maintained. VA-PL20190001712; Winn — 2600 Coach House Ln. Page 1 of 7 12120/2019 iv- M I N (D N O_ V Location Map 1 I I COACH HOUSE LANE SITE LOCATION T J FCITY OF NAPLES YOAKS I Petition Number: PL20190001712 Zoning Map ilr L5:i5r�r Uyi,�. J - DR n� o ■ Bailey LN a A 1>. J�JG Poinciana ST Poinciana DR,��a � n 4 x I 9L �4i Co Obi Ponce De Leon DR � y 8 � �� a re 7. 9 Coach House LN ,R „ .4 � s c RE { PROJECT LOCATION O W �o oar. 1191stan 11! a 1 < Location Map 1 I I COACH HOUSE LANE SITE LOCATION T J FCITY OF NAPLES YOAKS I Petition Number: PL20190001712 Zoning Map SURROUNDING LAND USE AND ZONING: North: Coach House Lane (Right -of -Way) then unimproved property within an Estates (E) zoning district East: Single-family residential within an Estates (E) zoning district South: Golf course - Estuary at Grey Oaks, City of Naples West: Single-family residential within an Estates (E) zoning district Collier County GIS VA-PL20190001712; Winn — 2600 Coach House Ln Page 3 of 7 12/20/2019 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict land use classification on the County's Future Land Use Map (FLUM); additionally, a portion of the property is located within the Coastal High Hazard Area. This land use category is designed to accommodate a variety of residential uses including single-family, multi -family, duplex, mobile home and mixed-use projects. As stated, the applicant seeks a Variance to reduce the rear yard setback in order to allow for redevelopment or construction of a single-family home and accessory structures which are authorized land uses. The GMP does not address individual variance requests related to land use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The applicant is hoping to preserve an existing mature oak tree, located within 4 -feet of the existing garage, that prohibits the desired expansion from being relocated further north. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, see above. It is the desire of the applicant to preserve the existing oak tree and still be able to construct a garage expansion of the desired size.. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, literal interpretation of the rear setback will result in the unnecessary destruction of a mature oak tree that could otherwise be preserved as there would be insufficient room for the applicant to maneuver their recreational vehicle to the garage. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the Variance, if granted, is the minimum required to allow the Applicant maintain the 100± year old oak tree and will allow safe maneuverability of a recreational vehicle to the back of the property. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning VA-PL20190001712; Winn — 2600 Coach House Ln Page 4 of 7 12/20/2019 district? By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. As such, other properties facing a similar hardship are entitled to make a similar request and would be conferred equal consideration on a case by case basis. E Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, the granting of the Variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety, health and welfare. The existing front yard setback, total height requirement and side yard setbacks are not being reduced. It is the intent of the zoning code to maintain appropriate separation between neighboring structures. By allowing a reduced rear yard setback requirement, the Applicant is keeping with the intent and purpose of the zoning, while recognizing the unique hardships being present on the subject property. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, the proposed garage addition is located to the rear of the property and will not be visible from the road. Additionally, the rear yard abuts a private golf course from which the view will be hidden by foliage. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL EAC RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. At the Pre -application meeting it was determined that the property may have been over -cleared and as such a Vegetation Removal Permit (VRP) is to be required at the time of Building Permit issuance. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed this staff report on January 9, 2019 VA-PL20190001712; Winn — 2600 Coach House Ln Page 5 of 7 12/20/2019 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA- PL20190001712, to reduce the minimum rear yard setback from 75 feet to 67.29 feet to allow for the permitting of a garage addition, as depicted within the attached site plan, at 2600 Coach House Lane, located within unincorporated Collier County, Florida. Attachments: Attachment A: Proposed Site Plan and Boundary Survey Attachment B: Property Card, issued by the Property Appraiser's Office Attachment C: Applicant's Back-up, including Application & Supporting Documents VA-PL20190001712; Winn — 2600 Coach House Ln Page 6 of 7 12/20/2019 PREPARED BY: -C;� JO,WN A.4tELLY, SENIOR PLANNER ZONING DIVISION REVIEWED BY: RAYMOND/V) BEhfOWS, ZONING MANAGER ZONING D ION JAMES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT VA-PL20190001712; Winn - 2600 Coach House Ln 12/20/2019 DATE / �l DATE / lea // f DATE Page 7 of 7 .11 LEGEND' P� —. — aaearda vureewrrrE 11 1. elao+��r ® iM41ErCIR-rte �r:�U SITE-I.—F03 AJIL- ' F1RA1 CaIAwmffre NLRB: 129067 PANEL: 0382 MAP NLINBEIt 12021Ca3g[Ni E.FfECTIVE fMTE WI 2012 FLDW BONE AE BFE: 7M NAVD LOT 4, EASTOEI PARK AT COAdi FIOLFSE L"E. AC.DORDING TO THE PLATTHEREOF, AS REDDRDED IN PLAT BOOK 24. PAGE 97 CF THE PLIC RECORDS OF COWER COUNTY, FLORIDA F RONf 75 FF SIDE 30 FT REAR 30 FT DRAINAGE iALOULATHYM (PER SM710 i 6.05,03): LIMPUMFA,wr =CAILOWAKEr.Fl PRMDWISFI UL036WLDC kLLOWABIEISO MAX [M Lr -=A IN.rea KvvmocsC.-EPJGE(a %! 2.M9 5-113M -:a.u3 I7FE 15-sC11M WAMR PLAN Ij SFl *AIL3E CRkMT7THEWMMU AE]TWPMBLETK6MEPROPO!5M AW &MR 61 MWArML5 6-SiOGIF ModDiM µ ris PSlll a FOR Om�IAGE upRo•:frA:s-rs oNErAtio-sxwL� xor sE u,� Bop euLama4�l�lrt. N ELEYATON€9dgGN131R•'EY BASF-90NiRRCWHilBTY�iYALL EIRfAllON3T71fIRT7 'tOF4 FRBRtON AND.VNGETFR E>IE7N�OF AIlfF76CPRAN� BEFORE 5'fARFI1iG AIM'S B7: 5�OT1[{Lz LAND USE BREAKDaNACALCLL4F7 M ToTm-9'r a,sa MIGFI 3F Rcc%ol S—,GTs8 —, UYEQA A neon SAF CMVM .ewa e�� "6 s WTIL��Srt 5F rc Y6f lois OJWA oFF-snFme.�rx�a aw SF ��6WAYIfFJ1 2]16 SF . 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WAYS Fl[Nm,Y f FF£F3T%4O ,i \ �� NOm PlJ4RI11�1 f I i u f IyFiy�� FM ` P�®8_ 1tIF n' N sEn NIf cy C i[=YY-0f — — — — . — — . — . _ . ^ � JZ'a I'TF E �6ia Br IFI 413.±714} • — — . — — — — — — — — — — - - � . v.— R'.=390 I � M-1L9A19 T�Lf NI SHEET DR -01 01 of of LU z w m ❑ 0 r x ca Q a 2 1R2m:112111 'A - CENTERUNE ■ – CONCRETE MONUMENT a – DELTA 1ti – FENCE - PROPERTY CORNER f– - MORE OR LESS I—w NOT TO SCALE P—T— - UTILITY LINE ] – FOUND OR SETIRON REBAR) -SEWcR CLEANOUT/ SS MAN–HOLE – CABLE TV BOX PHONE RISER WATER METER FIRE HYDRANT 0 = WATER VALVE +� LIGHT POLE t WELL = TRE = ELEVATION A - ARC A/C = AIR CONDITIONER ..E. - ACCESS EASEMENT APP – APPROMMATE OHD = BULKHEAD SLOG – SUII.Dltm OL K – BLOCK 13M – BENCHMARK i0$) - BASIS OF BEARINGS :ALC) = CALCULATED C = CHORD C9 CHORD BEARING CL • CHAIN LINK CM CONCRETE MONUMENT ;INC # CONCRETE COR = CORNER rV w CABLE Ta-EvISION J,E, COUNTY UTILITY EASEMENT (D) w DEM – DISCLAIMER DE – DRAINAGE EASEMENT 'DH - DRILL HOLE DR w DRAINAGE DW - DRIVE WAY EL - ELEVATION COP – EDGE OF PAVEMENT SMT - EASEMENT (F) - FIELD MEASURED M – FINISHED FLOOR ELEVATION FND — FOUND GW — GUY WRE $.$. - LANDSCAPE BUFFER EAMAENT M -E. - LAKE MAINTENANM FA$EMENT (M) — MEASURED LHW – MEAN HIGH WATER 3VD — NATIONAL GEODETIC VERTICAL DATUM OF 1929 (UNLESS OTHERWISE NOTED) .NLT+ NAIL OR NAIL & TAB OH - OVERHEAD P - PLAT PC POINT OF CURVATURE 'CP PERMANENT CLIN4ROi- PONT 3 L sR PROFESSIONAL LAND SURVEYOR 'OR = POINT OF OEONNINC 'OC m POINT OF COMMENCEMENT PP – POWER 1201-E 'RM – PERMANENT REFERENCE MONUMENT PT POINT OF TANGANT VMT r PAVEMENT .U.0 – PUBLIC UTILITY CASEM8N1 w R io RADIUS OR RANGE REC - RECORD R/P w RADIUS POINT t/W -R RIGHT OF WAY SECs SECTION S.W.E. w SIDEWALK EASEMENT SS – SANITARY SEWER T . TOWNSHIP TBM w TEMPORARY BENCHMARK TV w. TELEVISION JE - TECHNOLOGY UTILITY EASEMENT (TYP.) w TYPICAL J/G w UNDERGROUND UE w UTILITY I=ASEMENT UTY –UTILITY WM = WITNESS MONUMENT FMR – TRANSFORMER STATE OF FLORIDA) COUNTY Or COWER) NI At ._.T --------------- 1, Dennia M. Portal]% Sr., a Registered Land Surveyor in the State of Florida. hereby certify that the foregoing plat represents a survey of the hereon deacrbed premises: That a ourvoy of the above described property was made under my direction and moots the Stondardv Of .Practice as per Chapter 54-17,052(2) Flarido Administrative Cada, pursuant to Section 472.427, Florida Statutes. There are no visible encroachments other than shown, no easements or claims of easements of which we have knowledge. No title search has been made by the aurvayor_ No attempt has been made to locate footers, structures, utilities or cemetories beneath the surface, Street Address is 2800 COACH HOUSE LANE. Naples, FIL Bearings are based an per plat. Property Is in Flood 2ane A€ (El. 7 noyd98) per F.I.R.M- Panel 120467, 12021"C" 0392"Hy, dated 05/%6/2012 Dennis M- Partalla. Sr. PLS #4504 Not valid without the slgnatufa and the originai embossed raised Seal of the Florida Licensed Sur%myor and Mapper NOT PLATTED LOT 1. EASTON PARI{ AT COACH HOUSE LANE, ACCORDING TO THE PLAT THEREOF, AS RECORDf) IN PLAT BOOK 24. PAGE 97 OF THE PUBLIC RECORDS OF COLLIE' COUNTY, FLORIDA. IW Z 0 6.0 Com, 1 BO' NOT PLATTED PREPARED FOR; WILLIAM WINN Jif_ O)W.rP1CA 8Y: WILLIAM %INN JR- POFi'1'F'L1:.A & ASSOCIATES. LLC LB# 7904 2384 LJNWDOD AVE. MAPLES. FL 34112 SCALE: I"= 60' (239) 775-5511 DATE OF BOUNDARY SURVEY; DEC. 12. 2416 FOUO .I * 3 0 5 5 0 0 4 D❑ 5 4 1 ADDITIONS 100 INDEX -t_ RES. AMT. POOL BUILDER PERM e s j T`� ! T` ! -17 J- I 44- !!! �r 1 � I F i. ti PERM N ADDITIONS 100 INDEX DATE RES. AMT. POOL BUILDER PERM e PROPERTY ADDRESS PLOTTED o •unn.. MC 1 1�Lol Attachment B Ren M a 7- I a00l AR need -. 935 —/,11.216O I ZONING SU9 N LAND USE OUT OF IRIASTRIR I ! 1 I I La OWNERtMIP RECORD DATE SALE cc DE * 3 0 5 5 0 0 0 0 0 5 4 2* PRICE 0 -- - -- - _ O.R. -- -- ---..._-- - - - BOOK PAGE DATE da+* .Rte : weo _ ..i.. .-.:._. - k... s: %-OALE _-_ 2017 ADD TO KEYS, ADD CPC (1996+) PRICE E:J 5/31/17 DP O.R. w - 19 BOOK PAGE "• �:t STONE DECK 3ATE SALE 41-17 120 7 sf 23 PRICE ` r00 O.R. 23• +2 26 BOOK POOL -4 4 24X40 44 ' PAGE SECOND FLOOR{E SALE ❑ g9• 60,W1, X9!KEYS Sf 59 PRICE O.R. BOOK 2B• 6• 12' 11 6. 12• -PAGE "2 1 �' RIkTE SALE ❑ �a 2a 18 PRICE 92• 32' 24' a • + 1 O.R. 10, c,� (� d ve' BOOK 23' 1 te• 6. DATE PAGE 26' [3nR �o ze' 26 SALE 69' 17, a' PRICE O.R. OP 20 BOOK TLPAGE PROPERTY -RECORD CARD COLLIE71 COUNTY, FLORIDA SCALE 1" _ W O i0' I3 Cn 'T County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.00Ihvjgovnet 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX: (239) 252-6358 VARIANCE PETITION.APPLICAI !& l 'arfance from Setbacks fle4grred for.it RarticUlrfr'Zoning Qis.trrct LDC section .9:04.00 .& Code.af..Laws:sectiop z=53.2-9la Chapter 3 J. of the Administrative Code. PROJECT NUMBER To be Completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): \Ak._I i I' ci r,., Name of Applicant if different than owner: Address: c► ck 17 d ►r �a. City: Wc State: XIP: /D S" - Telephone: 37 -2 Y I'- 03Z Cell. - Fax: -- � E -Mail Address: vVi �n W Name of Agent: I I I�. Firm: -� ,rh = -t' --er ' •e3 Address: 04gveCity- State`f L •• ZIP• 3 oy Telephone; - Y • 6koo Cell: Fax: E -Mail Address: f. wT Loll ' BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORIIINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 GAer Count COLLIER COUNTY GOVERNMENT GROW'T'H MANAGEMENT DEPARTMENT www.colliereov.net 2900 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34.04 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMA`f.IQN Provide a detailed legal description of the property covered by the application; (if space Is inadequate, attach on separate page) Property I.D. Number: .5(?Cycy 51.4 Section/Township/Range: Subdivision: Farrs;q PA ,,],< C b r•ai+ Unit: _lot: Block. Metes & Bounds Description: Total Acreage: 2,32' Address/ General Location of Subject Property:: 600 CdfAC4 AgtLC-e I -an e +ADJACENTZONING AND I_AND,USE Minimum Yard Requirements for Subject Property: Front: _ Corner Lot: Yes 0 No [� Side: Waterfront Lot: Yes ❑ No [l (tear: yL • T Chapter 8 of the Administrative Code requires that the applicant must remove their public Fearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this Item, please remove all public hearing advertising sign(s) immediately. 4/27/2018 Page 2 of 6 o) er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.tolliergov.net (239) 2522400 FAX: (239) 252.6358 ,$5iyCIiATlONS'7777. Complete the following for all registered Assoclatlon(s) that Could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htt www.col.liergov.net/index,asox?pageu774. Name of Homeowner Association - Ma i I ing ssociation: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: , City: _ State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City; State:. ZIP: Name of Homeowner Association: Mailing Address: City: State: ; ZIP: 77 IVA7URE OF PETITiUl1f On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft., when property owner purchased property, when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment carne to be; etc, 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided In their recommendation to the Tearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a -h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Page 3 of 6 er C—Sigounty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.ccllier921 net 28114 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (234) 252-2400 FAX: (239) 252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which Is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare, e) Will granting the variance requested confer on the petitioner any special privilege that Is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically Induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. 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? ❑ Yes [EMo If yes, please provide copies. {' 4/27/2018 Page 4 of 6 Co er y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRiVE wwW,collfQr ov.n t NAPLES, FLORIDA 34104 (239) 252-2400 FAX, (239) 2S2-6958 PrenAppi+catlo IMilee#ing and.Flna1 Submittal Iiequlremdr�tIeck4t;far Var+Lani~e Chapter 3 J. p the Administrative fade The following submittal Requirement Checklist is to be utilfxed duringthe Pre - time of application submittal, At time of submittal, Pre -Application Meeting and at application packet, please provide the submittal items in the exact#order Its ed below with o be completed and cover sheets tt the attached to each section. Incomplete submittals will not be accepted. sheets :REQUIREMENTS 1"Ofi Rf Vl€UV # 01 CoPiES R€QUIREf3 ; 1V01 Completed A fication download current form from Count webslte) REQUIRED 1P_ Pre -Application Meetfn Notes V_ LPrOJect Narrative Z � pro ert Ownershi Disc osure f=orm 1 �--. Conce tual Slte Plan 24" x 36" and one 83J " x 11" cop +� 5urve of property showing the encroachment measured In feet) 2 Affidavit of Authorization, signed and notarized Deeds/Legs I's 2 Location ma 3 Current aerial photographs (avaifable from Property Appraiser) with 1 project boundary and, If vegetated, FLUCFCS Codes with legend included on aerial 5 Historical Sur ve or waiver re West Environmental Data Re ufrements or ercem tion justificatfon 1 pace the first set' of rewew 3 cQrnmen is are p lanner the Propert Owner Advisory Letteroand Certl�iic tlon assigned electronic 1 copy of all documents and plans e "Pleasadvise, The Office of the Nearing mExaminer requires all 1 aterlals to be submitted electronlcall in PDF format, ADDITIONAL. REQUIREMENTS FOR THE PUBLIC HEARING PROCESS. Following the c mPletlon of the review process by County review staff, the applicant shall materials electronically to the designated project manager. submit all • Please contact the project manager to confirm the number of additional copies required. 4/27/2018 Page 5 of 6 Co er Cnufrty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.c,0lien ov.net 2800 NORTH HORSESHOE DRiVF NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Planners: indicate if the petition needs to be routed to the following reviewers: Bayshore/GatQway Triangle Redevelopment; Executive plrector City of Naples; Raisin Singer, Planning Director Conservancy of SWFL: Nichole Ryan Emergency Management; Dan Summers; and/ _ EMS: Artie BaV 111 Other: [l I Historical Review lmmokalee Water/Sewer District ❑ J Parks and Recreation: David Berra r School District (Residential Components); Amy Lockheart FEE REQUIREMENTS PreApplication Meeting; $500.00✓ Variance Petition: o Residential- $2,000.00 o Non -Residential -$5,000.0o 0 SO and Subsequent Review, 209 of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner. $1,125.00 11 After The Fact Zoning/Land Use Petitions. 2x the normal petition fee 0 Listed Species Survey Of EIS is not required): $1,000.00 Fire Code Pians Review Fees are collected at the time of appllcatlon submission and those fees are set forth by the Authority having Jurisdiction. The land Development Cade requires Neighborhood Notification mailers far Applications headed to hearing, and this fee is collected prior to hearing, As the authorized agent/applicant for this petition, I attest that aii of the Information indicated on this checklist is included in this submittal package. I understand that (allure to include all necessary submittal information may result In the delay of processing thls petition. All checks payable to; Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive 1 Naples, I=L 34104 APPlicant Signature Printed Name 4/27/2018 r Date Page 6 of 6 Front Cora Hawk Suttjccl HP Smart Data. August 14, To s„--.- 201 9 ,.it 8 49 AM , 2019,.itaa9AM Sent from Mail for Windows 10 AFFIDAVIT OF AUTHOR ZAT)ON FOR PM10N NUUBERS(S) l I" IN' ;Pnnl name,,,. aG 4p0k:&hw? of � _ {company, lf e IICANa), arvaim or affirm unaer asst. met I am the (choose one) own� ravtatnp4ant�ontr�l purchaagf�artd that; 1 I have full authority to a c is vm a!ppaovaKX) rOquettro and to impoaa nwanerris and roptnctiarn On the fG1=MC&l properly X 3 result of any action apprtAmd try the County n wr_0=rlC@ with Ihit Wpkaftn bN the lana Do-vetopm,-m CxAla; 2. AJI answers to the Gusdlom in thre eppircation and any sketch*:, data or other eupplamortpry mmear attached herein tired,, mode a port of ttt4 rrppipcd(kx, err low"t and true, 3. 1 have authonzod the ataR oil Callpot Cpur:ly to enter upon the Pmo "ty during m -urinal woikiriy hyury tpr the Purptsse Of invill'Atlp Ong and evakialav tlw rayu4sj mi.rle through itis applrcstron; and that 4. Tho pro Kir y anq tee tran sferrvd, cw"U. soid or ritib tVrdtd tutgect fd me condsnona and restrrctttintl hepato by the apjxoved action. 5 WWI W10M � nlfa:-rr _ 10 Ba 45 0U,,* -y reproeantutr,c mn any matttim (srgodir'9 tnls prfilkm indvdif g 1 lhmugn 2 above 'Able s . it ft AWi,,mnt is a cmp4i+dj"i, Ilwn r As ratulFy ovetuted by rho owp. Avera [V V "3 ff the APPJirarrl is a Lurnis4 Uiltw rty COITIIpdrly ft i G ) Or Or" fat! GLVTltlCrry rL t.: J, fhe+r ft)* rloarrr @gW4 shuuikl iyprenMy be apnea by tho C chmpanv s 'Alanapwrp M mbw ' N its apofic�Mvtt 41 r then NP"Vyr • PleUMr t:pn yrwiri 140 tlrrtrwMlm r + ff brd Wx9drant rs a frrtddd parftwzhrp than Mc 1cnernf partner must sign and tm KiurrrdKn,l an the 'gena�f yartrtar-of tho ri urvId pa(Merihrn * J1 the Apprmnf ra a uLat, Mon G)vr tnt,-V 171diAll' Aho 1rustvv-5 name and rhe mvas •as trust@*" * in each inslerx3a, &*1 Mcrr►INM2 the applicants 31d?Ux p.p„ rr[tllt'0A( rnrrmtste rrvat, pdrtfausfuu, arurj port rr the a�'Yrrolprists farmul rue VVI 0.11rre"&I`{n Undor pertaitift of perjury, I tf46rnrw thet i have read tr,e tareuo.ng AHtdavit of Autnortistlan and 1h4t tltl facts stated in it ire hug. lltpnatvre -- - — I r ASHLEY HARWELL ` Notary Public, Sle?te of Michigan County ul Char;vyolk STAT CRIDA My Commison Expijes 1 2•05.2p19 COUN�siFCOLLIER Ac In the county of �L -, rt The foregoing natrumsnt w)y Tw irn to for 1f7irwiedi 4iiJ aubrLrridrj ggft.,rB mf- OnLN, I �_ 1 � I t �.d8te', 5y n r ! 7-_�L% i1 "a - -- irutrnp M Dersw Fru%m0n; cath 4r of na*ton) Sit V j } t\ r who is tWlirinally known r rx who les pt ucetl ItyIil! d InEntifM lion) as rdentdrCatron j t'lbnrraxAL Srgnatu �c oli Narypubile --- _ w Narrative Statement Mr. Winn is requesting a variance from LDC section 4.02.01a. 1, table 2.1 which requires a 75 ft rear yard for both principle and accessory structures located within the estates zoning district to 67.29 ft to allow for the construction of a garage addition .Existing structures are single family residence, pool, detach garage at the rear of property, poll barn. The proposed encroachment is 67.29 ft from rear property Iine.The set back is 75 Ft for a difference of 7.71 ft -Mr. Winn purchased the property on the 10 day of August 2015.13rinciple structure was built in 1999.The proposed encroachment is necessary due to a very large mature oak tree being in the way and would cause a hardship in removing the tree. There is also a pond located east and slightly to the north of the proposed location that would also cause hardship in moving the proposed garage due to maneuverability to access ry garage. The oak tree is located directly north of the proposed location and the pond is northeast of proposed location which leaves only south for new location. This is why we need the variance. The reason the garage addition is proposed is for the home owner to store his vehicles and give him a place out of the weather to perform there routine maintenance. The owner called A licensed and insured contractor High Tech Enterprises Inc. to pull the permits and hire the right subcontractors to ensure a smooth construction process. If the variance is approved the owner will not need to remove the 100 year old Qaktree to keep the more natural appearance of the property. Mr Winn is a respected business owner in the community and has always seen the value in working with the local jurisdictions to keep the prosperity of the neighborhood and conform to the local codes. Nature of Petition 3.a There is a Mature oak tree within 4 feet from northeast corner of existing garage. 3.b There is a mature oak tree that will be in the way of the proposed location of the addition to the garage. 3.c If the variance is not approved the home owner will not be able to maneuver his Rv to the garage addition being proposed. 3.d If the variance is granted the owner will be able to keep the 100 year old oak tree and safely maneuver his ry to the back of the property. 3.e lands. 3.f The home owner will not be granted any special priveledge to surrounding This variance if granted will not be seen by normal traffic or neighbors due to it being on the back half of the parcel and hidden by foliage on the rear adjacent to the gol course. 3.g There aren't any natural or physical conditions affecting this variance objective. 3.h If the variance is granted the it will not hinder the neighbor hood expansion and only add to the quality of homes nearby. COCKIER COUNTY 60V17MANT 1800 PWRTH HORGMME DRM'. GROVV-01 MANAGEMENT DEPARTMENT NAPLU� . PLMIUA 3,V1,04 XWW&QJ1(R-f &w.swi (239) 252-2400 MX, (7,19)252�635R This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, It is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of Interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy an common, or joint tenancy, list all parties with an ownership interest as Well as the percentage of such interest; Name m —ea -n- d Address s s ------- of-own.emhip b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each., Name and Address %of Ownership C, If the property is in the name of a TRUSTEElist the beneficiaries of the trust with the percentage of Interest. Name and Address Ownership Created 9/28/2017 )I 3 Page 1 of 3 COURR COUNTY OMPRNMENT 2800 Noro'll HORSESHOE MW GHOWMi MANAGMENT.M'TARTMENT NAP115, ROMA 34104 Wwa-s 11", Ing) 252-2400 FNA: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the general and/or limited partners, Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE., with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasefs below, including the officers, -stockholders, beneficiaries, or partners- .. ......... Name and Address % of Ownership Date c Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, If a corporation, partnership, or trust: Name and Address 9. Date subject property acquired F-1 Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COWER COUNTY t OVCF�NIMf:NT 2800 NORTH I•tC'iPk For Ht. k [tRJVF IGROWI H I'► 01ANAOCIVI 'N'r DEPARTMENT NAPLES, Ia6.C&RMA 3+1:104 WwomsdRolquat, f239) 2s2-2400 FA)<, 252-6358 Date of option: Date option terminates: , or Anticipated closing date - 'I '?'A S'�'P,�.�t�EF;�"�''t"?''i; NTS '.€ Hi' $ _4;t�aSi"-�iA 3�:., 1 Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the assoclated application form. Any change in ownership whether individually or with a Trustee, Company nr other Interest -holding party, must be disclosed to Collier County Immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is Included In this submittal package. I understand that failure to include all necessary submittal information may result In the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, PL 34104 � Agent/owner Sigr►ature �._ - , ��."- - oat Ageht/Owner ame (please print) Created 9/28/2017 Page 3 of 3 This ImftrwnentWas Prepared By: Theodore A_ Tbpouzls, Esq. Topohzls & Assa hbm P.C. 595 Jef emn Blvd. Warwlclt, RL 02886 Fife No.. 20111040441 Tax Folio No,: 300001 SALIM PRICE: *676,000.00 SPECIAL WARRANTY DEED (Corporate Sailer PONTrust) THIS MEN URE, made" doy of W& 20_&, between %MLMINGT,ON SAVINGS FUND SOCIETY. FSB, DOING StJ SINS515 A5 CHRISTIANATRUSY. NDT IN r'IS INDIVIDUAL CAPACITY, BUT SOLELY AS TRU5TEE FOR LCAT 201+1FT17, whose postoffice malting address far ofe Solana Finance LP, MG Richmond Ave. 8, ;IA40O, Houftn, TX 77042, harafr►a W called the GnueQr and WILLIAM WINN. A SINGLE MAN, whose post office me" addrew is 2600 Coach House lane, Naples, FL 34106, hereinafter called the Grantee (Wherever used herein the tests "Grant f mut "Gntnbee' include the pabD this instrument and ltheir heirs, legal reptesentatives and assignees of individuals, and amOgns of corpora tions) MNMEM the Grantor, for and In omIderation of the sum of TEN and 00!100 ($10.00) DOLLARS and other good and valuable consideration, mceipt whereat is heresy aclaim0edged, by these pmsent% does graK bargain and sell, alien, mmispe, release, convey and confirm urdo the Gmnbee all that dein land, shuft In Collier County, Florida, to -wit: The Vii b0 of the East 32:3.'!6 of We Wes# 018.7"9 fit of the $autlh half of the South huff of Ube Southeast quarter of Sa+tton A Township 49 South, Range 25 East Lee the North 30fuat for road n~ -way puqxom, also known as the West Reit of Lot 18, GWornlyd Acres, also known as Easton Park at Coach House Deno„ ar. mcordad in Plat Book 24, Page 87, of the Public Records of CnHiar Couft Fhulda. kope tt Address_ 260D Coach Hous Lane, -Nap14s. FL 34106 ... .. ..._.. .�_i..�.��..� .._..�.�-i..�—.3'. .a.... s.�.r�'r. Fess_... SublM tor•. Rte, fimte ti ne, Conditions, nmervatiomi, tzsvenants and easements of record, if afq-, alt applicable zoning ordinance; and tams for the current and all subs quent yerarrs, TOI MMER with all ft tenement$, hereditaments and appurtenances there4o belonging or in anywise 3pperithftlttg. AND the Grantor hereby c ovenarlta with 1Me GtOrdae that the Grantor is lawfully seized of sold land In tae simple; that the Grantor has gout dgkt and lawful audwft to sell and cammy said land; M the Grantor hemby fully warrants the title to said land Geld will defend the same against the lawful daims of all perms c l Wmingl by, through or under Me Grantor, The undersigned agent ftff trer stag that the bel&*described Power of Attorney has not tae'sn hemtgbre revolted by the Pdncosl and Is $till In fhtl force and effect SMI o,r�e,arr,ae��upr4fiu,� Wharever the ted In this Special Warranty peed so regubv* the use of any gender shall be deerned to include all ge ndem, and iiia use of tha singular shat# Include the plural. IN WITNESS WHEWOF the Grantor ho caused these pnsn* in he executed in its name, and its oarporats SM to De hereunto affixed, hY its proper athce0s) Vwmntio duly auftwiz ni, the day and year first above wntlert Signed, sealed and delivered In our pmsenaw, 1M mington Savings Fund Society FSB, doing bossiness as ChrisWna Trust; not In ft Ir#tlividtral C811=4Y, twR solely as Inrstw tar BOAT 2014 72TT, by Selene Finance LP, its Attorney In Fact 8Y: 16 Hssistant ice resident (CORPORATE SEAL) �'N e:� PJanice Ledet ant JIF Print: ame' C kLnep L,00( STATE OF Ts COUNTY OF tiamis . -Fite ioregaing MSMMMrit Waa RC:Rrnawtedged n me this d f by der( ..� ay n �� -,asAss9stantl�caPreaids°n� a 1=Urrer<ge, _ NWINGTON SAVDIGS FUND SOCIETY, FSI:I, DOING BUSINEW AS CHRISTMA TRUST, NOT IN ITS INDPADUAL CAPACITY, 8Lrr SOLELYSTTRUSTEE FOR BCAT 20f442T I7, who exect�W same an behalf arthe SWcor)vrativnlcarnpany. a Is pumnaw W own W me or has ptodu --- -- as idenditcaffan. NOTARY , J ] Print Name: F f !V` �'y 1.r cirlrj tfewti� lxliS► Commi�an t�ir� .� I � ��I,� CARMEN ALICIA FIGUEROA � MY COMIsel4n Irxplros z e, Fidelity National Title Insurance Company 2400 Maitland Center Parkway, Ste, 200 Maitland, FL 32751 Agent File No- 2015040441 Reference filo: 520770 SCHEDULE A 1. Effective date: , ril 24, lei 5, at =QU f i . � 2, Policy or policies to he issued: Amount (a) ALTA 2006 Owner's Policy (witty Florida modifications) $675,000.00 Proposed Insured: William Winn 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested In. Wilmington Savings Fund Society, FSH, doing husiness as Christiana Trust, not in its Individual capacity, but solely as trustee for SCAT 2014-12TT ( by virtue of CartlHcate of Title recorded 412412019 in Official Book 54441 Page 739, of the Public; Records of Collier County, Florida). 5. The Land referred to in this Commitment is described as (allows- See Attached Exhihit'A' Topouzis & Associates, PC 595 Jefferson Blvd. Warwick, RI 0288B Telephone., 401-533-,9888 Countersigned: f oriz r Agent '. Q AI TA. Commitment (6/17106) (with Florida Modifirmlions) Agent File NO: 2015040441 Reference NO: 5207717 SCHE13ULE B , SECTION I REQUIREMENTS The following are the requiremeniz to be complied with - 1, Payment to, or for the account of, the sellers or mortgagors of the full consideration for the estate or interest to be insured - 2. Instrument(s) Creating the estate or interest to be insured must be approved, executed, and filed for record. Spacial Warranty Geed to be executed by Wilmington Savings Fund Souiety, FSB, doing Business as Christiana Trust, not in its individual capacity, but solely as trustee for SCAT 2014- 12TT, to William Winn_ 3. Proof of payment of all Charges for water and sewer fees, waste fees, municipal assessment'%, and special taxing disbict assessments, if any. 4. Issuing agent will perforin a title update within a few business days of closing, to bring the emalve date forward and verify that no adverse matters or defects appear in the title update. -5. Roview current docket from the foreclosure proceedings filed under Case No, 92 -CA -379 prior to closing. In the event that the docket discloses a Motion in set aside the foreciceure judgment and/or the certificate of title, or any other challenges t foreclosure proceedings, approval this transaction must he obtained from the un ricin department be in mooched -in -0 Upon review and examination of the fallowing documentation we will attach an ALTA indorsement 9- 06 - Restrictions, Fasernents, Minerals (with Florida Modifications) to the Loan Policy: A. Current survey prepared In contemplation of the current transaction, or 13. Older survey satisfactory to the Company prepared for a prior transaction on the subject property, together with an Affidavit of no changes, improvements or easements made to the subject property or adjacent property shire the date of the older survey, ALTA, Commitment (6117111¢) (with Florida Modificationul Agent Fife No: 2095040441 Reference No: 520770 and this Commitment and the Policy will be subject to such further exceptions as may arise upon the disclosure of matters therein. NOTE Real Property Taxes fear the year 2014 are reported paid in the amount of $5,286.72; gross amount $5,at17.00. Folio No.: 30560000054. The tax information for this year as well as all prior years should be verified with the Tax Collector prior to closing, NOTE: The amount of liability hereunder is limited to $1,000.00 until such time that this Commitment is amended In goon faith witty no knowledge of any title defect other than as retleCted herein to refect the Proposed Amount of Insurance to be an amount that is approximately the fair market value of the property. ALTA COMMIUM (6117106) (with f+tnridamodificefiem) Agent File NM 2015040449 Reference No., 520770 SCHEDULE B - SECTION II EXCEPTIONS Schedule S of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the safisfactlon of the Company- . 1. Defects, liens, cncumbramces, adverse claims or other matters, if rrny, creatrAt first appearing in the Public Records or attaching subwquertt to the Et%ctive Data but prior to the date the proposed Insured acquires fbr value of record the estec or nterest or mortgage thereon covered by oris Commitment. 2. All assessments and takes for the year 2415 and all subsequent years, which atm not yet due and payable. 3. Any encroachment . encumbrance, vialaLiaUI, VMiation, or adverse circumstances aMuting the Title that would be disclosed by an accurete and complete survey of tho Laud, 4, Rights or Claims or patties is possession not shown by the public records. 5. Any lien, or right m a lieu, for services, labor or materbil beretafare. or hereafter furnished, imposed by law and not shown by the public r words. 6, Taxes or assess -meets which are not shown as existing liens iar the public records. 7_ Restrictions, dedfcatiau5 Bard easements act forth in blot ofFastnn Park at Coacb`"mrse l ey rermded In flet .Sobk 24, Page 97, of the public ftcords of Collier County, Florida 8. Declaration of Covenants,'RP, t clions Rud Easements recorded iu Ob6cisl Records Hank 2652, Page 2658, of the Public records of Collier County, FloritK and all Ameadmepts thereto, 9. Declaration ofCovemants, It,estrictions and Easements recorded in Official Records Bank 270, Page Ill, amended in Official Records }]took 270, Page 783 and amended by Order recorded in Offiiuial Records Book I412, Page 151 and Amended Order recorded in Official Records Hoak 1413, Page 1965 and zunm&d in, Official Records Book 2852. Pa_t2658, of the Public Records of Collier County, Florida, and an Amendments thereto. , 10. Dedication for toad right-of-way, utilities and drainage w the perpettW use of Collier County, for the use and. benefit of the general public recorded in Official. Records Book 349, Page 932, of the Public Records of Collier County, F106do. It. Final Order establishing aad confirming Col lien CoLmty wrier Mwagement DIst1; ict No. 7 recorded sn amew - - - -- R-ccords Boa1C282; Page 976; ofthe public Records of Callie -Count 12. Otftance regulating the instalMnn of any water distribution and wastewater collection systerm, or any part thereof within any public d& -of -way of essement recorded in Clflcial Records Book 691, page 1177, of the Public Ra6-vrds of Collier County, Florida 11. Quit -Claim Deer! from Collier County to the City of Naples far water lines, water trmtsmission facilities, water meters and aMurta antes recorded in Official Records Soak. 750, Page 1098, of the Pubhe Records of Collier County, Florida 14. Easement in favor of Unitcd Telephone Company of Florida recorded in 01MOW Records Book 1481, Page 1317, ofthe Public Records of Colter County, Florida. 15- Somy prepared by Target Surveying, LLC, dated 08/14/2015 and being identified as job number 236221 indicates the following viandionalencroachMenf9; There ate Utility boxes and poles near the West praperty Zinc, There is a, water motor near the North. East property eat=, ']there are fences marl on the property lines, ,'he Mck drive a orme_q true north property' lines ALTA Commitment (6117106) (with Florida Modifieadons) Exhibit "A" The WeSt half of the a`Sst 323.15 of the West 6+8.79 feet of the Southhg1F of the South half of the Southeast quarter of Section 23, TawnshlP 49 South, Range 25 Bast, Less the North 30 Beet for road fight -of -way purposes, alga known as the West half of Lot 18, Colonial Acres, also koom as Easton Park at Coach House Lane, as recorded in Plat Book 24, Page 97, of the Public Records of Collier County, Florida. 1 �'�I.�.11`rld �`.C�t,�f1i'f �' �•i�:'+Mf4; i`41�ii'�Ii"�.4"I' GR~14 MAN.A6E.WV:I1"f. 1`iia:)N 2 900 Nt:;0'4i ITof� vn''tIc')r-1"h0,1V NAVU.!x, t1,0iji€l.A Please complete the following and email to or fax to the Operations Department at 239-252-57214 or submit in person to the Addressing Department at the above address. Form must be. signed by Addressing Personnel prior _to12re-application_meeting please allow 3 days for Processing. Not all items will apply to every project. Items in bold type are required. rOLIO 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) C] BL (Tasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camlval/Circus Permit ❑ SDPI (Insubstantial Change to SDR) © CU (Conditional Use) ❑ SIP (Site Improvement Pian) ❑ 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 (Plans & 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 (co y oft, thy descrirA.tion may be aItach�`d) Ii,G,5i' �encr- � titIIn � owo � FOLIO (Property ID) NUMBER(s) of above (a#tar to, or associate with, legal description if more than one) 30 5" S g C STREET ADDRESS or ADDRESSES (as applicable, if alMady 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) &C. r- OL 0-t . Ad I -M'O ki (/?, a agllowd PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing pmjectslsites only) SDP - or AR or PL # 0ZOWTH M A,N,gCEWNT DIVY510N 2-801.) NUNI'M 11ORSFY-10E MIA.' NAPLES, l-LL6PMA 34104 ,,M) 252-2400 FAX %23q! M -F5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ F -mall ❑ Fax ®0"'Personally picked up Applicant Name: �. i6zx Phone: _ � ( MV Ema111Fax: r' r c 7" rr�o4 r' r + G 0 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number '�SoLsL-00)0 ��V Folio Number Folio Number Folio Number Folio Number Folio Number Approved by; �M� Updated by: — U pate•_ --- ;;R TH[ -:II ; 4;4 �°.��Rx��,�� ;�"'�ks.; �4"'�,��'�,�s�'9 $,Ak)'Si' ,, �., Print Map Page 1 of I 2061 Collier County Property Appm,ur Whig Lha Cao ar County Property Apprmsor .e edmmdred id prov dim() me mdse 0—rare and up-io.due gtdrmavpq no warranl.es erprgswd gr imphad are PmMad for the dale hermm, ds use, u+aa �merpreuvon a http://maps.coIIierappraiser, com/mapprilit .asm?pat ctitic=&orient=LANDSC'APF&nanPr= 911()/,?014 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, 1 did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of ibis requitement, the names and addresses of property owners shall he deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change_ Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) .State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this _LC�) day of lDQe�, rA, no iq by Ea -f- 1 l* ro n � fun 14 k who is personally known tome or who has produced # I f� e Lr U 3 D `� as identifloation. Printed Name of Notary (Notary Seal) i►f"� WOWNE REGUEIR4 WANotary Public • State of Florida Commission I GG 169446 µy Comm. Expires Oct 17, 2022 11UPSI/dl-mail.v171aiil,comiW51dowpin dri/maHljaxesI[@ Wq= VJN-30...tC52r"ihFdiyw W 7l>G '12110,19, 3:41 PM Page I of 2 Wilharn. Winn 2600 Coach Mouse Lane Naples, FL 34105 December 9, 2019 Dear Property Owner. Please be advised that Williatn Winn has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 2600 Coach House Lane, further identified as Easton Park at Coach House Large Lot 1, located on the south side of Coach House Lane approximately 1,300 feet west of Coach House Way. It is my intent to ask the County to allow us to add an addition to the existing garage to the rear of the property. The Code requires a 75 -foot rear yard setback for both principal and accessory structures within the Estates Zoning District; however, I seek a 7.7 -foot Variance to allow the garage to be constructed 67.3 feet from the rear property line. Please feel free to contact me at the telephone number below to obtain additional information and to become more familiar with this Variance request. In any event, please be advised that I am interested in assuring you that this request should not adversely affect your property interest. Sincerely, Bill Winn 239.249.0333 I�Itl�i::J.+til,i:^tiil,�+m:ill.rnmiw�:fr.4u:Ynlu.�eYhn.illi,p�r�tik;a.icl::•1�4hl�v�r1'�..f::!:liii�^tsi4'1«_Uie'�rG il.'tL�t::iSYti4:'LT&fU4`r�171�E,r�-rTl�ljlkfs.:F�l'.�li 7��Wli{), 7:1;•L� E�'S a„m I MALONEY, TIMOTHY P P O BOX 8312 NAPLES, FL 34101-0 FAR -TRUST 295 GRANDE WAY UNIT 91609 NAPLES, FL 34110-0 WINN, WILLIAM 2600 COACH HOUSE LN NAPLES, FL 34105--0 HAViG, MICHAELT & KIMBERLY W 2550 COACH HOUSE LN _ NAPLES, FL 34105��tts •r STOCK, MICHAEL H 600 GALLEON DRIVE NAPLES, FL 34102,-4r- RUMBERGER, EDWARD A BARBARA H RUMBE:RGER 2652 COACH HOUSE LN NAPLES, FL 34105---2717 GREY OAKS COUNTRY CLUB 2600 GOLDEN GATE PKWY NAPLES, FL 34105-3227 U.S. POSTAGE PAID NORTH FORT MYERS, FL 339]0i3 u��m:T,cc D AMOUNT 41300 $1.45 R2303$100441.14 U.S. POSTAGE PAID U.S. POSTAGE PAID .fir.MciIJ m1.45 NORTH ORT MYERS, FL D E39908 19 NT 23039100441.14 U.S. POSTAGE PAID NORTH FORT MYERS, FL 339]0i3 u��m:T,cc D AMOUNT 41300 $1.45 R2303$100441.14 U.S. POSTAGE PAID p`,3$y0 ORT MYERS, FL w. � { AMOUNT OEM - $1.45 .45 92303S104441-14 U.S. POSTAGE PAID ja N493903 ORT MYERS. FL i DE 1M1 18, OUNT 0000 $1.45 R23036100441-14 t _ (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR L.ANDDEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (1 S) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. I, The sign(s) must be erected in full view of the public, not more than five (S) feet from the nearest street right-of-way or easement. ?. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a past, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD HE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OFCOLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED �LdPL. #,4 Z & WHO ON OATH SAYS THAT HEISHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10A3.00OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER IV SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX NAME (TYPEDOR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER _ The fore ping ittstrurrient was sworn to and subscribed before rtaf I Hau) , personally known to me or who prow and who did/did not take an oath. Q-6 J=ANDREGONZALIZONZALIZNoof Ficrid* 286992 My n. 1�, ItlII My Commission Expires: (Stamp with serial number) Rev, 3/4/2015 — i= t - r CITY, STATE T. P me this!IPA day of P ! t GYM V, 20-� by 1 r.: t natur f Not ub is Printed NameofN ublic as identification LG �L, � Urowin management Building 2800 N. Horseshoe Dr„ Naples, FL 34104 John Kelly, Senior Planner: 239-252-5799 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colligUMv.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: Variance VA Date and Time: Monday $ 5 19 10: 30 AM Assigned Planner: ,john Kell Engineering Manager (for PPL's and FP's): Project Information Project Name: Winn (VA) PL#: 20190001712 Property ID #: 30550000059 Current Zoning: Estates -ST Overlay 2600 Coach HouseI,,� Naples FL 34105 Project Address: clitY: State: Zip Applicant: Earl Hawk Agent Name: Earl Hawk, HTE, Inc. Phone:_ 239-878-6800 N.I±t.Myers, FL 33903 Agent/Firm Address: 55 Aqua Lane City: State: _ Zip: Property Owner: William Winn Please provide the following, if applicable: i. Total Acreage: 2 . 3 9 ii. Proposed # of residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page 1 1 of 5 Ca e CCunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www,collieraov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre -app Note — link is https:/Zwww,collier.gov.net/Home/ShowDocument?id=75093. If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments, Then, If the petition is submitted, we are to send It (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send sus a letter or email of "no objection" to the petition, Bob Middleton RMlddletonJlnaolesaav,com Allyson Holland AMHollan�c Onatylesuovzorn Robin Singer RSInaerflnapl@saov�com Erica MaMn aMgrUriapnoplesoov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available date at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 o er Cournty COLLIER COUNTY GOVERNMENT 2840 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT [DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov,net (239) 252-2400 Meeting Notes Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process, The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data Foran application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 6/12/2019 Page 1 4 of 7 y If C.00 er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collier,gov.net (239) 252-2400 Meeting Notes Other required documentation for submittal (not luted on application): Disclaimer.' Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 6/12/2019 Page 1 4 of 7 .. . ,, LIK .. i • A ! •• J �� t/ r � •.a � I. 1 l �L f• r f1 j��/ Other required documentation for submittal (not luted on application): Disclaimer.' Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 6/12/2019 Page 1 4 of 7 Co*er Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,colliereov.net 2500 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20190001712 Collier County Contact Information: Name David AnthonyEnvironmental I Claudine Auclair Review Discipline Review GMD Operations and Regulatory Management Phone 252-2497 252-5887 Email david.anthony@colliercountyfl.gov ciaudine.auclalr@colliercount fl, ov ❑ Sally Ashkar ❑ Steve Baluch Assistant County Attorney Transportation Planning 252-8842 252-2361 salt .ash ar@colliercountyfl.gov ste hen.baluch@colliercount fl. ov ❑ Ray Bellows Zoning, Planning Manager 252-2463 ra mond, bei lows @colliercount fl. ov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov C]graig Brown Environmental Specialist 252-2548 craig,brown@colliercountyfi.gov Alexandra Casanova Operations Coordinator 252-2658 Alexandra,casonova@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi,ashton@colliercountyfl.gov ❑ ihomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov Jamie Cook Priv, Environmental Specialist 252.6290 Jairne.cook@colliercountvfl.gov ❑ Eric fey, P.E. Utility Planning 252-1037 eric.fe [,7a colliercount fl, ov �] Tim Finn, AICP Zoning Division 252-4312 timothy,finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Piannln 252-5715 sue,faulkner@colliercountyfl.gov ❑ Jeremy Frantz ❑ James French LDC Manager Growth Management Deputy Department Head 252-2305 252-5717 Jeremy. Frantz @col liercou ntfl. qv james,french@colliercountyfl.gov LI Michael Gibbons Structural/Residential Plan Review 252-2426 rnichael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. En ineerin Starmwater 252-2434 storm. ewirtz@colliercount fl. ov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundiach@colliercountyfl.gov 11 Richard Henderlong Principal Planner 252-2464 richard-henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 John,houldsworth@colIiercountyfl,gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov l_I Erin Josephitis Environmental Specialist, Senior 252-2915 erin.'ose hitis@colliercountyfl.gov ❑ arcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercount fl. ov 1 John Kelly Zoning Senior Planner 252-5719 john.kelly@coll-iercounty(l.gov U lane Lynch Operations Analyst 252-8243 diane.l nch@ col liercou ntyfl. ov V Gil Martinez Zoning Principal Planner 252-4211 glibert.rnartinez@colliercountyfl.gov L) Thomas Mastroberto Greater Naples Fire 252-7348 thomas.rrastrober-to@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Co ear a1.Kty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www collier ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (2391252-2400 ❑ Jack McKenna, P.E_ ❑ Matt McLean, P.E. ❑ Michele Mosca, AICD Engineering Services Development Review Director Capital Project Planning 252-2911 252-8279 252-2466 iack.mckenna@colliercountyfl.gov matthew.mclean@colliercountyfl.gov michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 2525519 annis.moxam@)colliercountyfl.gov ❑ Richard Orth Stormwater P la n n i ng 252-5092 rich ard.orth@colliercountyfl. ov ❑ Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brands. pollard@colliercountyfl. ov Ll Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov chris.scott@colliercount fl. ov ❑ Chris Scott, AICP Development Review- Zoning 252-2460 Linda Simmons North Collier Fire 252-2311 Lin da.5immons@colliercount I.gov ❑ Peter ShawinAy Architectural Review. 252-8523 peter.shaw!nLky@colliercountyfl.gov ❑ Camden Smith Zoning operations Manager 252-1042 1 camden.smith@colliercountyfl.gov Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@rolliercotintyfl.gov ❑ Mark Tem leton Landscape Review 252-2475 mark.templeton@)colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colriercountyfl.gov ❑ Jon Walsh. P.E. Building Review 252-2962 ionathan.walsh@colliercountyfl.gov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistent 252-2306 david.weeks@colliercountyfl.gov [ I Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov Christine Willoughby Development Review - Zoning___252-5748 1 chFistine.willoughby@colilLarroLintyfl.gov C I Daniel Zumune ui f North Collier Fire 252-2310 1 Daniel.ZunzuneguI@colliercount_ytl.gov Additional Attendee Contact Information, Name Representing Phone Email - u t'Z3,r) o , / - Updated 7/11/2019 Page 1 5 of 5 Collier County Growth Management Department Zoning Division Applicont/Agent may also send site plans or conceptual plans (or review in advance if desired. PL20190001712 — Winn VA PRE-APIP INFO Assigned Ops Staff; Thomas Clarke Camden 5mith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre -app request Earl Hawk, HTE, Inc. 239-878-6800 • Agent to list for PL# Earl Hawk, HTE, Inc. 239-878-6800 • Owner of property (all owners for all parcels) William Winn, 2600 Coach Rd,, Naples, FL 34105 • Confirm Purpose of Pre -App: (Rezone, etc.) Variance to save Hundred year Oak Tree and Stormwater Retention Pond • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): This meeting is in regards to obtaining a change in variance at the rear (south) property line for the property located at 2600 coachhouse lane naples fl. we applied for a permit and the permit was put on hold by zoning and we were told that the building was to close to the south property line. The proposed location is 67.3 from the south property line and we were told that it needed to be 75 ft from the south property line. If we move the building we will need to remove a very old and massive oak tree that the owner bought the property for these oak trees. there is also a retention pond in that area and he will not be able to back his 40 ft ry in, i Details about Project: Variance —See attached Drawings REQUIRED Supplemental Information provided by: Name: Title: Email. Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina o@coliierc*untW Phone: 239-252-6866 Created Aprll S, 2017 Locatlon: K:ICDES Planning 5en,ices\Current%Zon1ng Staff Information Zorong Divimn • 20NA Horseshoe Drive • Naples, Florida 34144 , 234-25.2-2400 • www,ediergm.nct Collier County Land Development Code I Administrative Procedures Manua! Chapter 3 1 Quasi -Judicial Procedures with a Public Hearing j. Variance Reference LDC sections 9.04.00, 8.10,00, and LDC Public Notice subsection 10,03.06 F. Applicability An applicant may seek a variance from dimension standards if the LDC creates an unreasonable hardship, as defined in LDC section 9.04,00. ,*See Chapter 31_ of the Administrative Cade for a Sign Variance. Initiation The applicant files a "Variance Petition Application" with the Planning & Zoning Division. Pre -Application A pre -application meeting is required. Application The application must Include the following: Contents 1. Applicant contact Information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. Property information, including: + Legal description; • Property Identification number; + Section, township and range; + Subdivision, unit, lot and block, or metes and bounds description; Acreage; and + Address of subject site and general location. 5. Zoning Information, including: • Zoning and land use of adjacent properties; and • Minimum yard requirements for subject property. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. A detailed explanation of the request including: Existing and proposed structures; + The amount of encroachment proposed; i Survey of property showing the encroachment (measured in feet); • Date of purchase by property owner; + The date the existing principal structure was built (include building permit numbers if possible); + Explanation of why encroachment is necessary; * How existing encroachment came to be, if applicable; 771Page Collier County Lend Development Code I Administrative Procedures Manual Chapter 3 j Quasi -Judicial Procedures with a Public Hearing S. Project narrative providing a detailed description/explanation of the variance, why it is requested, and the relevant criteria in LOC section 9.04.03. 9. An Official Interpretation or Zoning Verification Letter, if applicable. 10. A copy of the Pre -application meeting notes. 11. A Conceptual Site Plan (24 in. x 36 in.) and one 8 % in. x 11 in. copy, 12. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership. 13. An 8A in. x 11 in. graphic location map of the site. 14. Aerial photographs (taken within the previous 12 months at a minimum scale of 1 In. = 200 ft.), showing FLUCCS Codes, legend, and project boundary. 15. Historical Survey or waiver, if applicable. 16. Environmental Data Requirements. *See LMsubsection 3.08.00 A. 17. Owner/agent affidavit as to the correctness of the application. 18. Once the first set of review comments are posted, the following mailed notice documents shall be submitted to the assigned Planner. • A list of the names and addresses of property owners to receive the mailed notice; and • Draft of the mailed notice letter. Completeness and The Planning & Zoning Division will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee, the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., X)4201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements areas follows. a See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the subject area at least 15 days before the advertised Hearing Examiner hearing_ The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Division. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the requested variance; and • 2 in. x 3 in. map of the project location. 781 Page Collier County Land Development Code I Admi»isrWive Procedures Manuol Chapter 3 J Quasi -Judicial Procedures with a Public Hearing 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request -Sufficiently clear to describe the project) LOCATION: DATE. TIME: CONTACT: ----� - THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public wearing 1. The Hearing Examiner shall hold at least i advertised public hearing. *See Chapter 9 of the Administrative Cade far the Office of the Hearing Examiner procedures. Decision maker The Hearing EKaminer. Review Process The Planning & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report, utilizing criteria established In LDC section 9.04,03, to present to the Office of the Hearing Examiner for a decision. Updated 791 Page STOKES MARINE, INC. 15955 Pine Ridge Rd Fort Myers FL 33908 Office: 239 489-DOCK (3625) Fax: 239 693-DOCK (3625) Website: www.STOKESMARINE.com 11/8/19 Collier County Growth Management Department 2800 Horseshoe Dr N Naples, FL 34104 ATTENTION: Michael Campbell Boat Dock Extension Primary and Secondary Criteria Primary Criteria 1. This property is a single-family non-buildable lot and will have two boats, each at the length of 26’ including motors. One boat will be moored perpendicular to the natural waterway and one boat will be stored on a boat lift. This property is not located on any unbridged barrier islands and no additional slip will be required. 2. The water depth within the 20’ build out is to shallow for a boat to be moored, at 10’ the depth is 1.00’ MLW but at the max build out 20’ the depth is 1.9’ MLW and at 30’ the depth is 3.0 MLW where we would like to install the boat lift. 3. The dock will not have any impact on the navigational path and will not impede on the marked or charted channel. The proposed dock will not extend any further then the dock to the left of the property, this will help with navigation. 4. From the location of the proposed dock and pilings the canal is 99’4”. There will be more the 50% navigation room left across the canal. 5. The parcel is located in an area of non-buildable lots and the new design matches the orientation of the neighboring boat slips and will not interfere with the use of neighboring docks. Secondary Criteria 1. The subject property is a non-buildable lot at 31’ 10”(31.84’). 2. The proposed dock will allow safe access for maintenance and loading/ unloading of the vessel given that it has proper water depths. 3. The combined boat lengths exceed the non-buildable lot’s linear waterfront footage. 4. The property to the right and left of the subject property are non-buildable lots and will not obstruct their view. 5. Per our submerged resource survey there are no seagrass beds within 200 feet of the proposed dock. 6. To our understanding the location of the proposed dock is not under the manatee protection requirements of the LDC subsection 5.03.06 E.11, If for any reason we see a manatee during construction we will follow the manatee protection requirements. Michael Pollard Agent to Michael Campbell Stokes Marine Inc. STOKES MARINE, INC. 15955 Pine Ridge Rd Fort Myers FL 33908 Office: 239 489-DOCK (3625) Fax: 239 693-DOCK (3625) Website: www.STOKESMARINE.com 11/7/19 Collier County Growth Management Department 2800 Horseshoe Dr N Naples, FL 34104 ATTENTION: Narrative for Michael Campbell Boat Dock Extension PL20180003700 The subject property, 267 St W Unit # 3, is 31’ 10” in width and classified as a non-buildable lot. We will be removing the existing dock in order to install the proposed dock. All shoreline vegetation will need to be removed in order to install the new boat dock. The current neighboring lots both have a concrete seawall and all vegetation removed. The front access walkways are necessary as the customer is in a wheelchair and requires these to board his vessel by ramp. The vegetation is mostly exotic with two, six square foot mangrove trees in the dock footprint. We are planning to remove and re-plant the mangrove trees as needed in order to construct the proposed dock and minimize impacts to shoreline. As stated in our submerged resource survey there are also no observed sea grasses within 200 feet of the proposed dock location. The vessel to be stored at the proposed dock will be 26’ in length. Given the width of the lot at 31’ 10”, it would not be possible to store the 26’ vessel on a dock that runs parallel with the property when taking into account the 7’6” side setback rule. The requested protrusion of the boat dock is 33’ 2” from the southwest corner of the Mean High Water line, which is identified as the most restrictive point of the property. Another factor weighing into the necessity of a boat dock extension is the lack of water depth near the shoreline. A water depth of -1.0’ MLW was observed 8’ from the shoreline bank, and a depth of -2.9 MLW was observed 23’ 11” to the center of the boat slip, giving an acceptable depth for the draft of the vessel. All parcels adjacent to the subject property have received variances and boat dock extensions due to the small size of the non-buildable lots. This property was not included in the same group variance that all other surrounding parcels were involved in previously. Mike Pollard Assistant Manager Stokes Marine Inc. 239-215-4050 16'-1" [16.11]34' [34.03]37'-5" [37.41]38'-9" [38.76]48'-5" [48.45]39'-4" [39.33]37'-4" [37.33]39'-6" [39.46]119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHMEAN HIGH WATER99'-4" [99.33] NAVIGABLE WATERWAYMEAN HIGH WATER33' 2" [33.14]A-6.1LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK AERIAL OVERVIEWSCALE:1" = 70'DATE:2016-11-16REVISION:2019-09-17 SBSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN70350 16'-1" [16.11]34' [34.03]37'-5" [37.41]38'-9" [38.76]119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHMEAN HIGH WATER99'-4" [99.33] NAVIGABLE WATERWAYMEAN HIGH WATER33' 2" [33.14]A-6LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMSCALE:1" = 30'DATE:2016-11-16REVISION:2019-11-05 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**30150TOTAL SQUARE FOOTAGE269PROPOSED DOCK AERIAL +4.5 MEAN HIGH WATERMUDLINETOP OF BANKPROPOSED FIXED DOCK33'-2" [33.14]+3.1 MEAN LOW WATER8' [8.00]-1.0'-2.5'15'-8" [15.67]-2.9'23'-11" [23.92]-4.0'31'-9" [31.75]-5.1'37'-1" [37.04]-5.6'43'-2" [43.16]-5.7'47'-7" [47.58]6' [6.00]13' [13.00]11" [0.90] 4' [4.00]END OF BOAT NOT TOEXTEND PAST END OF DOCK3'-7" [3.58] MLW 5' [4.98] MHWCS-2STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMDOCK CROSS SECTION WITH WATER DEPTH FROM MHWLSITE ADDRESS:STRAP NUMBER:OWNER NAME:SALESMAN:DRAWN BY:SCALE:1" = 5'DATE:2019-04-11REVISION:2019-11-05 AS468700 G 33A05MATT FELTONSTEVE BALL267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPELL52.50 33'-2" [33.14]MEAN HIGH WATERRIPARIAN LINE RIPARIAN LINE 119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHNEIGHBORING SEAWALLNEIGHBORING SEAWALL31'-10" [31.84] LOT WIDTH3" [0.27]1'-3" [1.24]7'-6" [7.50] SETBACK7'-6" [7.50] SETBACK3'-5" [3.44]4'-5" [4.40]BOAT LIFT14'-5" [14.40]6' [6.00]24' [24.00]4' [4.00]26'-10" [26.83]13'-5" [13.44]EXISTINGDOCK AND PILINGSTO BE REMOVED*2'-7" [2.57]BULKHEAD LINEP-6LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK OVERVIEWSCALE:1" = 15'DATE:2016-11-16REVISION:2019-11-05 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN150 MEAN HIGH WATERRIPARIAN LINE RIPARIAN LINENEIGHBORING SEAWALLNEIGHBORING SEAWALLBOAT LIFT 12.5' ONCENTER SPACING6' [6.00]24' [24.00]4' [4.00]26'-10" [26.83] 33'2" [33.14] PROTRUSION LINE FROM PROPERTY LI0NE 8'6"x26' PONTOON BOATBOAT SIZE 1:8'6"x26' PONTOON BOATBOAT SIZE 2:P-6CLEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK DETAILSCALE:1" = 10'DATE:2016-11-16REVISION:2019-11-05 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN1050 MEAN HIGH WATERRIPARIAN LINE RIPARIAN LINENEIGHBORING SEAWALLNEIGHBORING SEAWALLEXISTING 6' MANGROVETO BE REMOVEDEXISTING EXOTICVEGETATION TO BEREMOVEDEXISTING 6' MANGROVETO BE REMOVEDP-6VLEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMVEGETATION DRAWINGSCALE:1" = 10'DATE:2016-11-16REVISION:2019-05-31 SBSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN1005 FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary Receipt for Submission SELF-CERTIFICATION FOR A PROJECT AT A PRIVATE, RESIDENTIAL SINGLE-FAMILY 05/30/2019 Self-Certification File No.: 0376733001EE File Name: 267 3rd St Bonita Springs, FL 34134 - Self Cert Exempt Dock with Boat Lift(s) (OFW) Dear Brent Stokes: On 05/30/2019 you used the Florida Department of Environmental Protection's electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State Programmatic General Permit (SPGP) Self Certificat ion Process for a project at private, single-family residence located at: LAT - Degrees: 26 Minutes: 19 Seconds: 37.7434 LONG - Degrees: -81 Minutes: 49 Seconds: 52.1107 SITE ADDRESS: 267 3rd St Bonita Springs, FL 34134 COUNTY: Collier For: Michael Campbell 3891 Preserve Way Estero, FL 33928 You have certified that the project you propose to construct at the above location meets all the conditions of the Self-Certification Process. A project that is built in conformance to those conditions (attached for reference) will: 1. Qualify for a regulatory exemption under Section 403.813(1)(b) of the Florida Statutes (F.S.) and Chapter 62-330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.; 2. Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and Chapter 18-21, F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the project is located on submerged lands owned by the Stat e of Florida. Your Self-Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. The certification is effective only for the specific project proposed, and only if the project is constructed, operated, and maintained in conformance with all the terms, conditions, and limitations stated in the Self-Certification Process. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the project is not completed within one year from the self-certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self-Certification constitutes authorization to use sovereignty/state-owned submerged lands, as required by rule 18-21.005, F.A.C. The authorization must be visibly posted during all construction activities. In waters that are accessible to manatees, obtain information on your mandatory Manatee Protection sign by clicking here. FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP) You have certified that the project you propose to construct at the above location meets all the conditions of the SPGP Self-Certification Process and will be built in conformance to those conditions (attached for reference). Your proposed activity as certified is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your project, attached. No further permitting for this activity is required by the Corps. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self- Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days before the date of initiating the work authorized by this permit or for each phase of the authorized project, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the "Self - Certification Statement of Compliance" form (attached) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self-Certification Statement of Compliance" form. The description of any deviations on the "Self-Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed fo rm. d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. 1. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. 2. For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals. This SPGP Self-Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. You have recognized that your certification is effective only for the specific project proposed, and provided the project is constructed, operated, and maintained in conformance with all the terms, conditions, and limitations stated in the SPGP Self - Certification Process. This Self-Certification will not apply if any substantial modifications are made to the project. You agree to contact the Department for review of any plans to construct additional structures or to modify the project, as changes may result in a permit being required. You have acknowledged that this Self-Certification will automatically expire if: 1. construction of the project is not completed by midnight, July 25, 2021, unless construction commenced or a contract to construct was executed before July 25, 2021, in which case the time limit for completing the work authorized by the SPGP ends at midnight, July 25, 2022. However, in no case can construction continue for more than one year beyond the Self-Certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self-Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self-Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. If you have any questions, please contact your local Department District Office. Contact information can be found at: https://floridadep.gov/sites/default/files/SLERC_contacts_web_map_01-2017_0.pdf. For further information, contact the Corps directly at: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. When referring to your project, please use the SPGP Self-Certification file number listed above. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled Coordination Agreement between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. ADDITIONAL INFORMATION This Self-Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies (federal, state, Water Management District, or local) that may be required for the project. Failure to obtain all applicable authorizations prior to construction of the project may result in enforcement. If you have any problems with the attached documents, please call the ERP Coordinator at (850) 245-8495 or by e-mail at ERP_eApps@dep.state.fl.us. Sincerely, Florida Department of Environmental Protection. Attachments: FDEP Terms and Conditions SPGP Terms and Conditions Project Design Criteria 1. 2. 3. 4. 5. 6. 1. 2. CONDITIONS FOR DEPARTMENT OF THE ARMY SELF-CERTIFIED STATE PROGRAMMATIC GENERAL PERMIT FOR A PROJECT AT A PRIVATE, SINGLE-FAMILY RESIDENCE Self Certification File No.: 0376733001EE Verification that the project meets the Project Design Criteria: You have verified that the project meets the Project Design Criteria (attached in a separate document), and have authorized FDEP to send a copy of this verification to the Corps on your behalf. General Conditions: The time limit for completing the work authorized on July 26, 2021. 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. 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. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form and forward a copy of the permit to this office to validate the transfer of this authorization. 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. 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: 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. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 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. 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. 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. 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. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Manatee Conditions: All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. All vessels associated with the construction project will operate at ''Idle Speed/No Wake'' at all times while in the immediate area and while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 5. 6. 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) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at .ImperiledSpecies@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 ½” by 11'' 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.com/manatee. Questions concerning these signs can be sent to the email address listed above. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 1. 2. TERMS AND CONDITIONS Self Certification File No.: 0376733001EE Construction Conditions: Private residential single family docks are subject to the following criteria in accordance with Section The dock to be constructed:403.813(1)(b), F.S. Has 500 square feet or less over water surface (includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia;. Is the sole dock on the parcel; and Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. {VelocityFormatter.fdepTncB} Boat lifts are subject to the following additional conditions: Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock; With other mooring will not result in the mooring of more than two vessels (including jet skis); Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; Will not be located in areas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the applicant and are enforceable under or Chapters 253, F.S. 258, F.S. Sovereignty/state-owned submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund (Board). Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 1. 2. lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.; Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. Structures or activities will not create a navigational hazard. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/state-owned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board in writing of any change of address at least ten days before the change becomes effective. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. Manatee Conditions: The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. All vessels associated with the construction project will operate at 'Idle Speed/No Wake' at all times 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 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 will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 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) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida. Temporary signs concerning manatees will be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2'' by 11'' 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. Self-Certification Requirements: The user agrees to the following: The information provided herein is true and accurate. Construction of the project must be completed within one year from the self-certification date. If the project cannot be completed within that time frame, or the project is to be modified, the Department must be contacted for authorization requirements. Any substantial modifications in the plans for this project must be submitted to the Department for review, as changes may result in a permit being required. This self-certification will automatically expire if site conditions materially change; if the terms, conditions, and limitations of the self-certification are not followed; or if the governing statutes or rules are amended before the project is completed. Department personnel will be allowed to enter the property for purposes of inspecting the project for compliance with the terms and conditions of this self-certification. DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE, FLORIDA 32232-0019 (Update December 17, 2018) Project Design Criteria (PDCs) Applicable To Self Certified Projects STATE PROGRAMMATIC GENERAL PERMIT (SPGP V-R1) STATE OF FLORIDA Background. On one the Florida Department of Environmental Protection (FDEP) Self- Certification web pages for “Exempt Single Family Dock (Self Certification)”, the Permitee/Agent answers either “yes” or “no” to the statement ““I certify the Project design and construction will meet the “Project Design Criteria (PDCs) Applicable To Self-Certified Projects” and authorize the FDEP to transmit this to the Corps on my behalf.” Explanation. Below are the excerpts from the SPGP V-R1 Permit where the PDCs relevant to the Self Certification were transcribed from the National Marine Fisheries Service’s (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated November 20, 2017. (Excerpts begin here) * * * Procedure: * * * 4. Self-Certification. The FDEP may authorize certain single-family docks and boatlifts under this SPGP V-R1 through their online, electronic self-certification process, if all of the following requirements are implemented: a.Limitations: * * * (5) Project cannot be the following (Reference: JAXBO Section 2.3, page238): (i) On an unbridged, undeveloped coastal island or undeveloped coastal island segment or undeveloped coastal barrier island; REPLY TO ATTENTION OF PDCs Applicable To Self Certified Projects Page 2 (ii) On sandy beaches fronting the Gulf of Mexico or Atlantic coast shoreline, exclusive of bays, inlets, rivers, bayous, creeks, passes, and the like; (iii) Within 50 feet of the Mean High Water Line (MHWL) at any riparian coastal location fronting the Gulf of Mexico or Atlantic Coast shoreline; (iv) Located in the coastal counties of Wakulla, Taylor, Dixie, Levy, Pasco, and Monroe; (v) Located in Biscayne Bay Aquatic Preserve; (vi) Located in the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida); (vii) In Federal Special Waters (Biscayne Bay National Park, Blackwater Creek, Faka Union Canal, Garfield Point, Loxahatchee River, Okeechobee Waterway, Rock Springs Run, St. Marys River, Tampa Bypass Canal, Timucuan Preserve, Wekiva River); (viii) Located in any of the following restriction or exclusion zones (described by Section 2.1.1 of JAXBO): Smalltooth Sawfish Critical Habitat Limited Exclusion Zone (see Work Authorized paragraph B.1.m below and Attachment 23); Gulf Sturgeon Critical Habitat Migratory Restriction Zones (see Work Authorized paragraph B.1.n below and Attachment 28); Atlantic Sturgeon Critical Habitat Exclusion Zone (see Work Authorized paragraph B.1.o below and Attachment 30); and North Atlantic Right Whales Educational Sign Zones (see Work Authorized paragraph E.2.c. and Attachment 29); and (ix) Located in an area with non-ESA listed seagrasses and will result in any impacts or shading to these seagrasses, except for projects that comply with Work Authorized paragraph B.2.d / Special Condition paragraph 8.h. * * * Work Authorized: * * * B. Red and Green for all types of Projects. 1. Red: The following Projects are not authorized by this SPGP V-R1: PDCs Applicable To Self Certified Projects Page 3 * * * m. Smalltooth Sawfish Critical Habitat Limited Exclusion Zone. Any project within the areas on the Caloosahatchee River (Lee County) shown on page 25 of JAXBO (Attachment 23) (Reference: JAXBO PDCs AP.4, A1.8.5, A2.12.). n. Gulf Sturgeon Critical Habitat Migratory Restriction Zone. Any project at the mouths of Gulf sturgeon spawning rivers (Escambia River, Blackwater/Yellow Rivers, Choctawhatchee River, Apalachicola River, and Suwannee River) and narrow inlets (Indian Pass and Government Cut in Apalachicola Bay and Destin Pass in Choctawhatchee Bay) shown on the page 28 of JAXBO (Attachment 28) (Reference: JAXBO PDCs AP.4, A.1.9, A2.11.). o. Atlantic Sturgeon Critical Habitat Exclusion Zone. The main stem St. Marys River from the confluence of Middle Prong St. Marys and the St. Marys Rivers downstream to its mouth (river kilometer zero) shown in Attachment 30 (the page from the Federal Register) (Reference: JAXBO PDC AP4.). p. For all projects involving the installation of piles, sheet piles, concrete slab walls or boatlift I-beams (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86): (1) Any installation of metal pipe or metal sheet pile by impact hammer. (2) Any installation by impact hammer greater than 5 piles/slabs/beams installed per day. * * * 2. Green: In addition to the other requirements of this SPGP V-R1, a project to be authorized under this SPGP V-R1 must meet the following to be “Green”: a. A Project that is not “Red”. * * * c. For all projects involving the installation of piles, sheet piles, concrete slab walls or boatlift I-beams (Reference Categories A, B and C of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86): (1) Construction methods limited to trench and fill, pilot hole (auger or drop punch), jetting, vibratory, and impact hammer (however, impact hammer limited to installing no more than 5 per day). PDCs Applicable To Self Certified Projects Page 4 (2) Material limited to wood piles with a 14-inch diameter or less, concrete piles with a 24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal boatlift I-beams, concrete slab walls, vinyl sheet piles, and metal sheet piles (however, not authorized is installation of metal pipe or metal sheet pile by impact hammer). d. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following: (1) A pile supported structure (i) that is located on a natural waterbody (i.e. outside an artificial waterway that was excavated for boating access and is bordered by residential properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (a) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). * * * (2) For all other Projects (other than (1) above), * * * (ii) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within freshwater tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. * * * (iv) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army PDCs Applicable To Self Certified Projects Page 5 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” updated November 2017 (Attachment 5). * * * e. Regarding mangroves, the design and construction of a Project must comply with the following (Reference: JAXBO PDCs AP.3 and AP.12.): (1) All projects must be sited and designed to avoid or minimize impacts to mangroves. (2) Mangrove removal must be conducted in a manner that avoids any unnecessary removal and is limited to the following instances: (i) Removal to install up to a 4-ft-wide walkway for a dock. (ii) Removal of mangroves above the mean high water line (MHWL) provided that the tree does not have any prop roots that extend into the water below the MHWL. (3) Mangrove trimming. Mangrove trimming refers to the removal (using hand equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of the trunk of the tree) in a manner that ensures survival of the tree. (i) Projects with associated mangrove trimming waterward of the MHWL are authorized if the trimming: (a) occurs within the area where the authorized structures are placed or will be placed (i.e., removal of branches that overhang a dock or lift), (b) is necessary to provide temporary construction access, and (c) is conducted in a manner that avoids any unnecessary trimming. (ii) Projects proposing to remove red mangrove prop roots waterward of the MHWL are not authorized, except for removal to install the dock walkways as described above. (4) For pile-supported structures, the following additional requirements for mangroves found in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5) shall apply: (i) The width of the piling-supported structure is limited to a maximum of 4 feet. PDCs Applicable To Self Certified Projects Page 6 (ii) Mangrove clearing is restricted to the width of the piling-supported structure. (iii) The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove fringe. f. Regarding coral and hard bottom habitat, the design and construction of a Project must comply with the following (Reference: JAXBO PDCs AP.3 and AP.14.): (1) Projects are not authorized that may affect, directly or indirectly, species of coral listed under the Endangered Species Act found from St. Lucie Inlet, Martin County south to the Dry Tortugas. * * * (3) Projects are not authorized if non-listed corals are found within the project footprint. (4) Projects are not authorized if hard bottom habitat is found within the project footprint. Hard bottom is defined in the following ways: (i) Natural consolidated hard substrate that is suitable to support corals, coral larval settlement, reattachment and recruitment of asexual coral fragments. These areas of hard bottom or dead coral skeleton must be free from fleshy or turf macroalgae cover and sediment cover. (ii) Nearshore and surf-zone, low-profile hard bottom outcroppings. (e.g., worm-rock reef [sabellariid worm reefs] and eolianite, granodiorite). This habitat can be persistent or ephemeral, cycling through periods of exposure and cover by sand. The range of this hard bottom habitat extends along the southeastern coast of Florida from Cape Canaveral to Miami-Dade County and in the U.S. Caribbean. It is an important developmental habitat for juvenile hawksbill and green sea turtles, which use it for both foraging and refuge. g. A project must also meet the activity-specific “Red” and “Green” requirements. * * * E. Red and Green for Docks, Piers, Associated Facilities, and other Minor Piling- Supported Structures. The conditions herein are in addition to those in paragraph B above. 1. Red: The following projects are not authorized by this SPGP V-R1: PDCs Applicable To Self Certified Projects Page 7 * * * c. Municipal or commercial fishing piers (Reference: JAXBO PDC A2.17.). d. Within Acropora critical habitat, if essential features present (table in Attachment 9), new or expanded pile supported structures not allowed (Reference: JAXBO PDC A2.10.). (1) However, repair/replacement within existing footprint is authorized. * * * f. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.): (1) ATONs (pile-supported and anchored buoys) are allowed in nearshore reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA DPS)of loggerhead sea turtle critical habitat. (2) No other pile-supported structures are allowed in nearshore reproductive habitat. 2. Green: In addition to the other requirements of this SPGP V-R1, a project must meet the following Special Conditions in order to be “Green”: a. A Project shall be designed and constructed within the following limits: (1) This SPGP V-R1 authorizes only the following pile-supported and anchored structures: docks and piers; boatlifts; mooring piles and dolphin piles associated with docks/piers; ATONs and Private Aids to Navigation (PATONs); floating docks; pile-supported chickees (i.e., small, back- country, over-water, pile-supported, primitive camping shelters); boardwalks (as long as they are designed and clearly marked to prohibit fishing and vessel mooring); and other minor pile-supported structures. This does not include structures, such as ferry terminals and large ports, which support large commercial vessels including ferries, tankers, and cargo ships (Reference: JAXBO PDC A2.1.1.). (2) Pile-supported docks/piers for a single-family residential lot are limited to 4 slips for motorized vessels. This limit is cumulative: existing and proposed/new; wet and dry slips. Slips for non-motorized vessels (e.g., kayak, canoe, and paddleboard) and associated launching areas do not count toward the total slip number (Reference: JAXBO PDC A2.1.2.). * * * c. North Atlantic Right Whale. For any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of PDCs Applicable To Self Certified Projects Page 8 North Atlantic right whale critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive), the FDEP or Designee will attach to their authorization the North Atlantic Right Whale Information Form, Attachment 27 (from Appendix C of JAXBO, page 332) (Reference: JAXBO PDC A2.4.). * * * Special Conditions: * * * 2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.). 3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.). 4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.). * * * 8. Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported Structures. * * * f. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle- friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.). g. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.). h. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following: PDCs Applicable To Self Certified Projects Page 9 (1) A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial waterway that was excavated for boating access and is bordered by residential properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (i) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (2) For all other Projects, * * * (ii) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. (iii) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). * * * 11. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self-Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days beforethe date of initiating the work authorized by this permit or for each phase of the authorized project, the PDCs Applicable To Self Certified Projects Page 10 Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 32) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 2). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals. * * * Attachments to Department of the Army State Programmatic General Permit (SPGP V-R1) * * * 2. Department of the Army Permit Transfer for SPGP V-R1. * * * 5. Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat. 6. PDCs for In-Water Activities. PDCs Applicable To Self Certified Projects Page 11 7. Submerged Aquatic Vegetation Survey Guidelines * * * 9. Critical Habitat Essential Features/PCEs 10. Acropora spp. Critical Habitat Maps. * * * 23. Smalltooth Sawfish Critical Habitat Limited Exclusion Zones. 24. Loggerhead Turtle Nearshore Reproductive Critical Habitat. * * * 28. Gulf Sturgeon Critical Habitat Restriction Zone. 29. North American Right Whale Education Sign Zones. 30. Atlantic Sturgeon Critical Habitat Exclusion Zone. * * * 32. Self Certification Statement of Compliance. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 2 Department of the Army Permit Transfer for SPGP V-R1. ______________________________________________________________________ ______________________________________________________________________ ___________________________________________ _____________________ _____________________________________________________________________ _____________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Department of the Army Permit Transfer for SPGP V-R1 PERMITEE: _________________________________________________ PERMIT NUMBER: ___________________________________ DATE: ___________ ADDRESS/LOCATION OF PROJECT: (Subdivision) (Lot) (Block) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. (Transferee Signature) (Date) (Name Printed) (Street address) (Mailing address) Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 5 Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat. 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. 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. Ar my 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. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 6 PDCs for In-Water Activities. These pages are extract from the National Marine Fisheries Services' Jacksonville District's Programmatic Biological Opinion (JAXBO) dated November 20, 2017. Gray box on last page shows text not applicable to PDCs for In-Water Activities. PDCs for In-Water Activities For an activity to be covered under this Opinion, the USACE authorization must include the following conditions. Failure to comply with these conditions could result in enforcement action by the USACE and/or NMFS. AP.7. Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.ht ml AP.8. Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. . b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-877- WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. AP.9. Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment: i) All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. 48 iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. AP.10. Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species’ entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): x Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. x The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cable 49 line). If turbidity cmta ins ar e not feasib le in an area b ased o n s ite con di tions such as w ater cmTe nt, high w ave action , or sto1my con d ition s, th e p roject must under go indiv idua l Section 7 consultation an d is n ot cover ed unde r this P rogrammatic Opinio n. AP.11.Entanglement: All turbidi ty c mtains and oth er in-w ater e quip m ent must b e properly secured w i th m aterials that re duce the risk o f entan g lem ent of marine sp ecies (d escribed b elow). Turbidity cmta ins likewise must b e ma de of materials that r edu ce th e risk of e n tan gl em ent o f m a rine sp ecies. a) ill-water lines (rope, ch ain, an d cabl e, inclu ding th e lines to secure turbidity c mtains) must b e stiff, taut, and n on-looping . E x amples o f su ch lines are h e avy m et a l ch ains or h eavy cables that do n ot r eadily loop and tan gle . Flexible in-water lines, s u ch as nyl on rop e o r any lines that could l oop or tang l e, must b e e nclosed in a plastic o r m bber sleeve/tube to add rigidi ty and p revent th e line fr o m looping and tan gling. fu a ll instances, n o excess line is a llowed in th e w ater. b) Turbidity cmtains and oth er in-water equipment must b e p la ced in a manner that d oes n ot e ntrap s p eci es w i thin th e constmction area or block access for them to n avigate around the constmcti on a re a . PDCs for Mangroves, Seagrasses, Corals and Hard Bottom for All Projects Note: For nrojects authorized in reliance on this Oninion onll:'., the PDCs below supercede any other guidance documents othe1wise applicable to reduce or avoid impacts to mangroves, seagrasses, and corals. This includes the NMFS's Construction G1dde/;11es in Florida for Minor Piling-Supported Stntctures Constntcted in or over Submerged Aquatic Vegetation, Marsh, or Mangrove Habitat dated August 2001, and NMFS 's Key for Constntction Conditions for Docks or Other Minor Structures Constructed in or over Johnson's Seagrass (Halopllila jolmsonii), dated October 2002. NMFS may still apply these guidance docmnents in other consultations, including consultations on Essential Fish Habitat under the Magnuson-Stevens Fishe1y Conse1vation and Management Act, as appropriate. AP.12. Mangroves • To qualify for coverage under this Opinion, all projects must be sited and designed to avoid or minimize impacts to mangroves. • Mangrove removal must be conductedin a manner that avoids any unnecessary removal and is limited to the following instances: o Removal to install up to a 4-ft-wide walkway for a dock. o Removal to install up to an 8-ft-wide walkway for public docks, where the walkway is necessary to address compliance with the Americans with Disability Act (ADA). o Removal to install culverts necessary to improve water quality or restore hydrology between 2 water bodies. Such mangrove removal is limited to a maximmn of 20 linear feet (lin ft) of shoreline per culve1i opening. o Removal of mangroves above mean high water (MHW) provided that the tree does not have any prop roots that extend into the water below the MHWL. 50 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 7 Submerged Aquatic Vegetation Survey Guidelines Submerged Aquatic Vegetation Survey Guidelines May 7, 2018 Please provide information on the presence of any submerged aquatic vegetation (SAV) at or adjacent to the proposed location of the work by conducting a SAV survey. SAV surveys can only be performed between June 1 and September 30 of each year. At a minimum, the surveyed area shall encompass a 50-foot radius around the location of the proposed work. The ensuing report shall describe the survey method, depict the locations of all SAV, and shall clearly depict the distribution of the various species of SAV. In addition, the report shall contain the percent cover of each species of SAV, frequency of occurrence of each species of SAV, and the name, mailing address and telephone number of the qualified person performing the survey. Furthermore, if Johnson's seagrass (Halophila johnsonii) is observed, the report shall include the shoot density of the Johnson's seagrass. The report should also include a plan view drawing depicting any existing structures and the proposed work in reference to the surveyed area. If the proposed work is a dock or pier and SAV is present, or if the proposed work is a dock or pier and is located in the known range of Johnson 's seagrass (in lagoons on Florida' s east coast from Turkey Creek/Palm Bay (Brevard County) south to and including central Biscayne Bay (Miami-Dade County) , the dock or pier should be designed in accordance with the joint U.S. Army Corps of Engineers/National Marine Fisheries Service dock construction guidelines (Dock Construction Guidelines in Florida for Docks or Other Minor 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) and the Project Design Criteria for the National Marine Fisheries Service and U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (November 2017).. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 9 Critical Habitat Essential Features/PCEs These pages are extract from the National Marine Fisheries Serv ices' Jacksonv ille District's Programmatic B iological O pin ion (J AXBO) dated Nov ember 20, 2017 . Gray box show s text not applicable to Table 7 Marine ~fammals North Atlantic tight whale E p NP Blue whale E p p Fin whale E p p Sei whale E p p Spenn whale E p p Brvde's whale (proposed) E p NP E = endangered: T =threatened, P = Present NP =Not Present Table 6. Desie:nated Critical Habitat Nl\IFS Believes is In or Near the Action Area Species Unit in Florida Unit in U.S. Caribbean Smalltooth saw.fish • Charlotte Harbor Estuary (CHEU) NIA • Ten Thousand Islands/ Everglades (TTIEU) Gulf sturgeon Units 9-14 1u NIA • Nearshore Reproductive Habitat: Uruts Loggerhead sea LOGG-N-14 to 32 •Breeding Habitat: Units LOGG-N-17. 19 NIA tuttle (NW A DPS) • Migrato1yHabitat: Units LOGG-N-17. 18. 19 • Sargassum Habitat Unit LOGG-S-0 l Green sea nutle NIA Culebra Island (NA DPS) Hawksbill sea tmtle NIA Mona and Monita Island Leatherback sea NIA St Croix Island nut le • Area 2: Puerto Rico and Associated Islands Staghom and Area 1: Florida • Area 3: St John/St_ Thomas. elkhom coral U.S. Virgin Islands • Area 4: St. Croix. U.S. Virgin Islands Johnson·s seagrass UnitsA-J NIA North Atlantic tight Unit2 NIA whale Atlantic sn1rgeon South Atlantic Unit 7 11 NIA NI A= Not applicable T able 7 (bel ow) p rovides a comp let e list o f t h e essen tial features/primary constit u ent el em ents (PC E s) o f e ac h cri tic al h abitat uni t tha t occurs in Florida and the U.S . C aribbean. N ote that t he t able below re fers t o b oth e ssen tial features and P CEs of critical h ab itat. This duality o f te1ms is 10 Gulf sturgeon cntical habitat is m1der the joint jurisdiction of the USFWS and NMFS. with the USFWS managing 1'iYerine habitat and NMFS managing estuai'ine and mai'ine habitats. Units 9-14 ai·e the only area5 tmder NMFS • s jw'isdiction that are f01md in the action area. 11 The South Atlantic Unit 7 (St. Marys Unit) includes the St. Marys RiYer in (1) Caniden and Charlton Countie& in Georgia and (2) Baker and Nassau Cow1ties in Florida. 39 because the USFWS uses the term “PCE” and NMFS uses “essential features” when describing critical habitat. When we develop a critical habitat rule jointly with USFWS, the term PCE is often used. Recent amendments to the Services’ joint regulations implementing the ESA, however, removed reference to “primary constituent elements” (81 FR 7414, Feb. 11, 2016). As we explained in the final rule, removing this phrase is not intended to substantively alter anything about the designation of critical habitat, but to eliminate redundancy in how we describe the physical or biological features. New critical habitat rules will describe physical biological features (PBFs) to help identify habitat essential to the conservation of the species. In this Opinion, we refer to the features as they were described in the rule designating that critical habitat. For example, the Gulf sturgeon critical habitat rule refers to PCEs, and thus we have used that term in the table below. Critical habitat boundary maps are available at http://sero.nmfs.noaa.gov/maps_gis_data/protected_resources/critical_habitat/index.html. Table 7. Essential Features/PCEs/PBFs of Each Critical Habitat Unit in Florida and the U.S. Caribbean Smalltooth The physical and biological features essential to the conservation of the U.S. sawfish DPS of smalltooth sawfish, which provide nursery area functions are: red (74 FR 45353, mangroves and shallow euryhaline habitats characterized by water depths Sept. 2, 2009) between the Mean High Water line and 3 ft (0.9 m) measured at Mean Lower Low Water (MLLW). These features are included in critical habitat within the boundaries of the specific areas in paragraph (b) of this section, except where the features were not physically accessible to sawfish at the time of this designation (September 2009); for example, areas where existing water control structures prevent sawfish passage to habitats beyond the structure. Gulf sturgeon Based on the best available information, there are 7 PCEs essential for the (68 FR 13370, conservation of the Gulf sturgeon. Only the following 4 are under NMFS’s March 19, 2003) jurisdiction: 1. Abundant prey items within estuarine and marine habitats and substrates for juvenile, subadult, and adult life stages; 2. Water quality, including temperature, salinity, pH, hardness, turbidity, oxygen content, and other chemical characteristics, necessary for normal behavior, growth, and viability of all life stages; 3. Sediment quality, including texture and other chemical characteristics, necessary for normal behavior, growth, and viability of all life stages; and 4. Safe and unobstructed migratory pathways necessary for passage within and between riverine, estuarine, and marine habitats (e.g., a river unobstructed by any permanent structure, or a dammed river that still allows for passage). 40 Loggerhead sea turtle (79 FR 39855, July 10, 2014) 1. Nearshore reproductive habitat: The PBF of nearshore reproductive habitat as a portion of the nearshore waters adjacent to nesting beaches that are used by hatchlings to egress to the open-water environment as well as by nesting females to transit between beach and open water during the nesting season. The following PCEs support this habitat: (i) Nearshore waters directly off the highest density nesting beaches and their adjacent beaches, as identified in 50 CFR 17.95(c), to 1.6 kilometer (km) offshore; (ii) Waters sufficiently free of obstructions or artificial lighting to allow transit through the surf zone and outward toward open water; and (iii) Waters with minimal man-made structures that could promote predators (i.e., nearshore predator concentration caused by submerged and emergent offshore structures), disrupt wave patterns necessary for orientation, and/or create excessive longshore currents. 2. Winter areas: Florida does not contain any winter areas. 3. Breeding areas: the PBF of concentrated breeding habitat as those sites with high densities of both male and female adult individuals during the breeding season. PCEs that support this habitat are the following: (i) High densities of reproductive male and female loggerheads; (ii) Proximity to primary Florida migratory corridor; and (iii) Proximity to Florida nesting grounds. 4. Constricted migratory habitat: the PBF of constricted migratory habitat as high use migratory corridors that are constricted (limited in width) by land on one side and the edge of the continental shelf and Gulf Stream on the other side. PCEs that support this habitat are the following: (i) Constricted continental shelf area relative to nearby continental shelf waters that concentrate migratory pathways; and (ii) Passage conditions to allow for migration to and from nesting, breeding, and/or foraging areas. 5. Sargassum habitat: the PBF of loggerhead Sargassum habitat as developmental and foraging habitat for young loggerheads where surface waters form accumulations of floating material, especially Sargassum. PCEs that support this habitat are the following: (i) Convergence zones, surface-water downwelling areas, the margins of major boundary currents (Gulf Stream), and other locations where there are concentrated components of the Sargassum community in water temperatures suitable for the optimal growth of Sargassum and inhabitance of loggerheads; (ii) Sargassum in concentrations that support adequate prey abundance and cover; (iii) Available prey and other material associated with Sargassum habitat including, but not limited to, plants and cyanobacteria and animals native to the Sargassum community such as hydroids and copepods; and (iv) Sufficient water depth and proximity to available currents to ensure offshore transport (out of the surf zone), and foraging and cover requirements by Sargassum for post-hatchling loggerheads, i.e., > 10-m depth. 41 Acropora The physical feature essential to the conservation of elkhorn and staghorn (Staghorn and corals is: substrate of suitable quality and availability to support larval elkhorn coral) settlement and recruitment, and reattachment and recruitment of asexual (73 FR 72210, fragments. “Substrate of suitable quality and availability” is defined as Nov. 26, 2008) natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover. Johnson’s Based on the best available information, general physical and biological seagrass features of the critical habitat areas include adequate water quality, salinity (65 FR 17786, levels, water transparency, and stable, unconsolidated sediments that are free April 5, 2000) from physical disturbance. North Atlantic Critical habitat includes 2 areas (Units) located in the Gulf of Maine and right whale Georges Bank Region (Unit 1) and off the coast of North Carolina, South (81 FR 4837, Jan. Carolina, Georgia and Florida (Unit 2). Only Unit 2 occurs within the action 27, 2016) area. The physical features essential to the conservation of the North Atlantic right whale, which provide calving area functions in Unit 2, are: 1. Sea surface conditions associated with Force 4 or less on the Beaufort Scale 2. Sea surface temperatures of 7°C to 17°C 3. Water depths of 20-92 ft (6- 28 m), where these features simultaneously co-occur over contiguous areas of at least 231 squared nautical miles (nmi²) of ocean waters during the months of November through April. When these features are available, they are selected by right whale cows and calves in dynamic combinations that are suitable for calving, nursing, and rearing, and which vary, within the ranges specified, depending on factors such as weather and age of the calves. Atlantic sturgeon The physical features essential for the conservation of Atlantic sturgeon (82 FR 39160, belonging to the Carolina and South Atlantic DPSs are those habitat August 17, 2017) components that support successful reproduction and recruitment. These are: 1. Hard bottom substrate (e.g., rock, cobble, gravel, limestone, boulder, etc.) in low salinity waters (i.e., 0.0-0.5 parts per thousand range) for settlement of fertilized eggs and refuge, growth, and development of early life stages; 2. Aquatic habitat inclusive of waters with a gradual downstream gradient of 0.5 up to as high as 30 parts per thousand and soft substrate (e.g., sand, mud) between the river mouth and spawning sites for juvenile foraging and physiological development; 3. Water of appropriate depth and absent physical barriers to passage (e.g., locks, dams, thermal plumes, turbidity, sound, reservoirs, gear, etc.) between the river mouth and spawning sites necessary to support: (i) Unimpeded movement of adults to and from spawning sites; (ii) Seasonal and physiologically dependent movement of juvenile 42 Atlantic sturgeon to appropriate salinity zones within the river estuary; and (iii) Staging, resting, or holding of subadults or spawning condition adults. Water depths in main river channels must also be deep enough (at least 1.2 meters) to ensure continuous flow in the main channel at all times when any sturgeon life stage would be in the river; 4. Water quality conditions, especially in the bottom meter of the water column, with temperature and oxygen values that support: (i) Spawning; (ii) Annual and inter-annual adult, subadult, larval, and juvenile survival; and (iii) Larval, juvenile, and subadult growth, development, and recruitment. Appropriate temperature and oxygen values will vary interdependently, and depending on salinity in a particular habitat. For example, 6.0 mg/L dissolved oxygen or greater likely supports juvenile rearing habitat, whereas dissolved oxygen less than 5.0 mg/L for longer than 30 days is less likely to support rearing when water temperature is greater than 25°C. In temperatures greater than 26°C, dissolved oxygen greater than 4.3 mg/L is needed to protect survival and growth. Temperatures of 13 to 26 °C likely support spawning habitat. Green sea turtle Critical habitat for the green sea turtle is designated in the waters (63 FR 46693, surrounding the island of Culebra, Puerto Rico, from the mean high water Sept. 2,1998) line (MHWL) seaward to 3 nmi. These waters include Culebra’s outlying Keys, including Cayo Norte, Cayo Ballena, Cayos Geniquí, Isla Culebrita, Arrecife Culebrita, Cayo de Luís Peña, Las Hermanas, El Mono, Cayo Lobo, Cayo Lobito, Cayo Botijuela, Alcarraza, Los Gemelos, and Piedra Steven. At the time of designation, essential features to critical habitat were not precisely defined; however, the critical habitat was designated to provide protection for important developmental and resting habitats. Juvenile and adult green sea turtles depend on seagrasses as the principal dietary component for foraging. In addition, coral reefs and other topographic features within the waters around Culebra Island and surrounding islands and cays provide green turtles with shelter during interforaging periods that serve as refuge from predators. On April 6, 2016, NMFS published a final rule listing 11 DPSs of the green sea turtle, including the NA DPS. 81 FR 20058; April 6, 2016. NMFS will issue a rule designating critical habitat for the DPSs in a future rulemaking. In the interim, the existing critical habitat designation described herein remains in effect for the NA DPS of green sea turtles. Hawksbill sea turtles (63 FR 46693, Critical habitat for the hawksbill sea turtle has been designated in the waters surrounding the islands of Mona and Monito, Puerto Rico, from the MHWL seaward to 3 nmi. At the time of designation, essential features to critical 43 Sep t. 2 , 1998) h abitat were not precisely de fined; however , th e cri tical habitat was designated to provide protection for important developmental and r esting habi tats. Hawksbill sea tutt les depen d on sponges as their principal dietary compon ent an d h eal thy coral reefs for forag ing and sh elter habitats. Leatherback sea C ritical habitat fo r the leath erback sea tuttle h as b een des i gnated in the tutt les water s adjacent to San dy P oint on t h e southwest co m er of St. Croix , U .S. (44 FR 8491 , Virgin Is lan ds , in water s fro m th e 100-fath om curve sh or eward to th e level Marc h 23 , 1979) of mean high tide, with boundar ies at 17° 42' l 2''N an d 64 °50'00"W. At th e time of desi gna tion , essential fe atut·es to critical h abitat were n ot p recisel y de fined; however , critical h abitat fo r leatherback sea tuttles was designated to provide protection to sea tuttles u sing t hese waters fo r comting, breeding, and as access to and fro m nesting areas on San dy P oint B each , St. Croix, U.S . Virgin Islands. 2.2 Activities Analyzed, Project Design Criteria, and Potential Routes of Effect In this section of the Opinion, we describe the categories of activities under consultation, the PDCs that each activity must meet to be covered under this Opinion, and the expected effects of each category of activities on ESA-listed species and designated critical habitat. In particular. for each category of activity covered by this Opinion. we will provide the following information: 1. Activity Description: A general description of how the activity typically is implemented with sample photos and drawings. We are providing a general overview of the typical implementation for context: the installation materials, methods. and locations ar·e limited by the PDCs. 2. PDCs: A description of the non-discretionary PDCs applicable to all projects covered under this Opinion. The general PDCs ensure that the covered activities meet certain thresholds designed to avoid or minimize impacts on ESA-listed species and critical habitat. In addition to the general PDCs, each of the 10 categories of covered activities is subject to additional activity-specific PDCs. Like the general PDCs. activity-specific PDCs ar·e non- discretionary requrrements for coverage under the Opinion that avoid or minimize the potential effects of permitted activities on ESA-listed species and designated critical habitat. All PDCs were developed based on inf01mation from the USACE's past permitting practices and review of consultations on USACE-authorized in-water construction activities in Florida and the U.S. Caribbean. The activity-specific PDCs are typical of measures used to protect ESA listed species and designated critical habitat and are substantially similar to the PDCs that NMFS included in other programmatic consultations with the USACE in the last 5 years including the SWPBO. 12 SAJ General Permit Prograllllllatic. SAJ-42. SAJ-82. and SPGP IV-Rl. In addition. PDCs designed to avoid or minimize effects on critical habitat are provided at the end of each categ01y of activity when additional protections. beyond the general and activity- specific PDCs. ar·e requrred to avoid or minimize effects on a particular critical habitat unit. 44 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 10 Acropora spp. Critical Habitat Maps. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 23 Smalltooth Sawfish Critical Habitat Limited Exclusion Zones. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 24 Loggerhead Turtle Nearshore Reproductive Critical Habitat. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 28 Gulf Sturgeon Critical Habitat Restriction Zone. additiona measur s or areas ar deemed necessary for protec or if the areas de ined below require modifica will discuss these cha ith the U ACE at the programm ti review meeting (see Section 2. and any revisions will be included in this Opinion by adde tion, we ), ndum. This page is extract from the National Marine Fisheries Services' Jacksonville District's Programmatic Biological Opinion (JAXBO) dated November 20, 2017.Gray box shows text not applicable to Table 2 If additional measures or areas are deemed necessary for protection, or if the areas defined below require modification, we will discuss these changes with the USACE at the programmatic review meetings (see Section 2.4), and any revisions will be included in this Opinion by addendum. Table 2. Gulf sturgeon critical habitat migratory restriction zones Water Body Delineation Type Point A Point B Point C Point D Escambia River 30.5146361°N 87.16093°W 30.5323916°N8 7.13192°W Blackwater/ Yellow Rivers Line 30.5047°N 87.0475°W 30.5047°N 87.0196583°W Choctawhatchee Bay Line 30.385183°N 86.515394°W 30.3814861°N 86.50684°W Choctawhatchee River Line 30.429794°N 86.147725°W 30.37842°N 86.1252°W Apalachicola Bay Polygon 29.675561°N 85.240283°W 29.6751°N 85.2160583°W 29.681216°N 85.2160583°W 29.684875°N 85.221502°W Apalachicola Bay Polygon 29.6308694°N 85.1060027°W 29.6223194°N 85.097038°W 29.6267861°N 85.093172°W 29.63268°N 85.09687°W Apalachicola Bay Polygon 29.611361°N 84.958483°W 29.611872°N 84.957338°W 29.61736°N 84.95926°W 29.6161583°N 84.9626638°W Apalachicola Bay Polygon 29.765272°N 84.6916361°W 29.77816°N 84.6669027°W 29.78695°N 84.674269°W 29.7721°N 84.695294°W Apalachicola River Polygon 29.7131027°N 84.99772°W 29.7120916°N 84.9744472°W 29.734772°N 84.9701027°W 29.731505°N 84.9846027°W Suwanee River Line 29.328483°N 83.167525°W 29.291116°N 83.1669694°W Suwanee River Line 29.291116°N, 83.1669694°W 29.2670194°N 83.0946805°W Lines (Points A and B) create a line marking the approximate mouth of the river. Projects on the marine side of the mouth of these rivers (i.e., areas under NMFS jurisdiction) must follow the migratory restrictions defined in this section. Polygons (Points A-D) create an area between the points marking restricted sections of a bay or pass. Projects in these defined areas must follow the migratory restriction requirements defined in this section. 28 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 29 North American Right Whale Education Sign Zones. These pages are extract from the National Marine Fisheries Services' Jacksonville District's Programmatic Biological Opinion (JAXBO) dated November 20, 2017. Table 3. North Atlantic Right Whale Educational Sign Zone Name Latitude Longitude Cumberland Sound 30.719564°N 81.449467°W Nassau Sound 30.516611°N 81.444278°W St. John's River 30.408053°N 81.399467°W St Augustine Inlet 29.918411°N 81.288117°W Matanzas Inlet 29.713831°N 81.227000°W Ponce Inlet 29.083056°N 80.916494°W Port Canaveral 28.409306°N 80.586689°W Sebastian Inlet 27.860833°N 80.446725°W Fort Pierce Inlet 27.471711°N 80.290378°W St. Lucie Inlet 27.165567°N 80.157236°W Jupiter Inlet 26.943950°N 80.070908°W Riviera Beach 26.772353°N 80.034508°W Figure 4. North Atlantic right whale educational sign zones. 32 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 30 Atlantic Sturgeon Critical Habitat Exclusion Zone. 39274 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations [FR Doc. 2017–17207 Filed 8–16–17; 8:45 am] BILLING CODE 3510–22–C Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 32 Self Certification Statement of Compliance. SELF-CERTIFICATION STATEMENT OF COMPLIANCE SPGP V-R1 Permit Number: _______________ Permittee’s Name & Address (please print or type):___________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Telephone Number: ____________________________________________________________ Location of the Work: ___________________________________________________________ ____________________________________________________________________________ Date Work Started: ____________________ Date Work Completed: ______________________ PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES ______ NO_______ TO SCHEDULE AN INSPECTION PLEASE CONTACT _______________________________ AT __________________________ Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.):________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Acreage or Square Feet of Impacts to Waters of the United States: ______________________ Describe Mitigation completed (if applicable): ________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Date 267 3RD ST. W BONITA SPRINGS, FL 34113 FOLIO #56000760006 SUBMERGED RESOURCE SURVEY JANUARY 2019 PREPARED BY: Table of Contents 1 Introduction ....................................................................................................................................... 1 2 Objective ............................................................................................................................................. 2 3 Methodology ...................................................................................................................................... 3 4 Results ................................................................................................................................................. 4 5 Conclusion .......................................................................................................................................... 5 6 Photos .................................................................................................................................................. 6 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 1 1 Introduction Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) for a property addressed as 267 3rd. St. W in Bonita Springs, FL and that can be identified by folio #56000760006. This survey will provide planning assistance to both the property owner and regulating agencies during any review processes for the proposed project, which consists of constructing a new docking facility that will traverse a shallow, shoaled area along the shoreline. The subject property consists of a small parcel that can be found on a peninsular extension of 3rd St. W. The parcel contains only a docking facility with a boat lift that stems from the north side of 3rd St. W and that backs up to Little Hickory Bay, which is an estuarine environment that connects to the Gulf of Mexico. The property is bound to the east and west by similarly sized lots that are void of residences and that contain only boat docks. The SRS was conducted on January 24, 2019 at approximately 10:00 a.m. Site conditions consisted of cloudy skies with very light precipitation, which likely caused some reduced visibility. However, water clarity was still fair considering the site location, allowing for submerged visibility of roughly 3’ to 4’. The ambient air temperature was approximately 67 degrees Fahrenheit and wind speeds averaged approximately 5 to 10 mph out of the west and south west. Low tide occurred just prior to the site visit at 9:44 am and reached approximately - 0.5 ft. below the mean low water mark. High tide following the site visit occurred at 4:23 pm and reached 1.3 ft. above the mean low water mark. The average ambient water temperature was approximately 69 degrees Fahrenheit. 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 2 2 Objective The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent of coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re-configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • THA personnel will identify submerged resources within the vicinity of the site and produce an estimate of the percent coverage of any resources found. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 3 3 Methodology THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline for the proposed dock installation but also the area within 200 ft. of the proposed site. The components utilized for this survey include: • Review of aerial photography of the surveyed area. • Establish survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. • Physically swim the transects, GPS locate the limits of any submerged resources found, and determine percent coverage within the area. • Document and photograph all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Note that the survey area was expanded to a 200-foot radius surrounding the proposed project in order to verify no other resources were found within the vicinity of the proposed work. Neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff members walked or swam the transect lines using snorkel equipment while a second remained on the shore taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrant. 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 4 4 Results Much of the project area is shallow enough to walk and water clarity allowed for a visual of much of the submerged portion of the project site without utilizing a mask and snorkel. The substrate found within the surveyed area consists of silty muck overlaid with a layer of oyster shell debris and scour. The underlying mucky substrate can be found throughout the site. However, the oyster debris is found more predominantly within 10 feet of the subject property’s shoreline. As the distance from the shore greatens, the shell debris becomes more sparse. The shoreline at the project site consists of a natural shoreline comprised of a mix of red and white mangroves, Brazilian pepper, sea grape, and several other weedy species. During the submerged portion of the survey, neither seagrasses, macro-algae, sponges, nor any other resources were observed in any capacity. The only evidence of potential resources came in the form of the abundance of oyster shell debris. However, no living oyster were observed during the survey period. Thus, the survey yielded no findings in the form of submerged resources within the vicinity of the project site location. 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 5 5 Conclusion The submerged resource survey was conducted and completed throughout a 200-foot radius surrounding the project site and yielded no results. Besides the mangroves present on the shoreline, no benthic invertebrates, seagrasses, or protected species were observed anywhere within the vicinity of the project site. The only evidence of resources found on-site were the copious amounts of oyster shell debris. Accordingly, negative impacts to submerged resources are not expected as a result of the proposed project. 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 6 6 Photos Photo 1: Access walkway leading to the existing docking facility on-site Photo 2: View of shoreline, consisting predominantly of mangroves and Brazilian pepper 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 7 Photo 3: Clear water at project site, allowing for excellent views of the bottomland Photo 4: Terminal Platform and vessel present at project site 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 8 Photo 5: Red mangrove prop roots and barnacles visible on dock pile Photo 6: Typical view of substrate at project site 267 3rd St. W (Folio #56000760006) Submerged Resource Survey January 2018 9 Photo 7: Consistency of shell debris overlaying substrate Photo 8: Consistency of substrate beneath shell layer throughout project site STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N 26.327051<> LONGITUDE: W -81.831104SITE ADDRESS:<> 267 3RD ST WBONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19017.00 stokes - 267 3rd st w\CAD\EXHIBIT\19017-STOKES.dwg LOCATION 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:NPIJT01/30/1919017-525STOKES - 267 3RD ST WLOCATION48-------------------01 OF 04COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY NESW0 81632SCALE IN FEETSITE ADDRESS:,267 3RD ST WBONITA SPRINGS FL 34134Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19017.00 stokes - 267 3rd st w\CAD\EXHIBIT\19017-STOKES.dwg EX AERIAL 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:NPIJT01/30/1919017-525STOKES - 267 3RD ST WEX AERIAL48-------------------02 OF 04·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"NO SURVEY DATA AVAILABLE"MM-DD-YYYY-1.66'0.32'32'112110'16'4'10'6'PROPERTY LINEEXISTING DOCKAPPROXIMATE MHWL p:\19017.00 stokes - 267 3rd st w\CAD\EXHIBIT\19017-STOKES.dwg 1/31/2019NESW0 8 1632SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19017.00 stokes - 267 3rd st w\CAD\EXHIBIT\19017-STOKES.dwg PRO AERIAL 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:NPIJT01/30/1919017-525STOKES - 267 3RD ST WPRO AERIAL48-------------------03 OF 04·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"NO SURVEY DATA AVAILABLE"MM-DD-YYYY-1.66'0.32'32'112110'24024028'36'6'4'26'4'PROPOSED 10'X10' LIFTPROPOSED DOCK8'APPROXIMATE MHWLPROPERTY LINE28' NESW0 25 50100SCALE IN FEET·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:·DREDGE VOLUME TO -0 FT. MLW (APPX CY):·DREDGE AREA (APPX SF):·DREDGE AREA (APPX ACRES):·CALCULATION: 0,000 (s.f.) x 0.0 (avg.) / 27 = 000 (c. y.)"NO SURVEY DATA AVAILABLE"MM-DD-YYYY-1.66'0.32'32112126'24024028'NANANATurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19017.00 stokes - 267 3rd st w\CAD\EXHIBIT\19017-STOKES.dwg SUBMERGED 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:NPIJT01/30/1919017-525STOKES - 267 3RD ST WSUBMERGED48-------------------04 OF 04200'APPROXIMATE MHWLNO SEAGRASSESWERE OBSERVED200' 16'-1" [16.11]34' [34.03]37'-5" [37.41]38'-9" [38.76]48'-5" [48.45]39'-4" [39.33]37'-4" [37.33]39'-6" [39.46]119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHMEAN HIGH WATER99'-4" [99.33] NAVIGABLE WATERWAYMEAN HIGH WATER33' 2" [33.14]A-6.1LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK AERIAL OVERVIEWSCALE:1" = 70'DATE:2016-11-16REVISION:2019-09-17 SBSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN70350 16'-1" [16.11]34' [34.03]37'-5" [37.41]38'-9" [38.76]119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHMEAN HIGH WATER99'-4" [99.33] NAVIGABLE WATERWAYMEAN HIGH WATER33' 2" [33.14]A-6LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMSCALE:1" = 30'DATE:2016-11-16REVISION:2019-11-05 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**30150TOTAL SQUARE FOOTAGE269PROPOSED DOCK AERIAL +4.5 MEAN HIGH WATERMUDLINETOP OF BANKPROPOSED FIXED DOCK33'-2" [33.14]+3.1 MEAN LOW WATER8' [8.00]-1.0'-2.5'15'-8" [15.67]-2.9'23'-11" [23.92]-4.0'31'-9" [31.75]-5.1'37'-1" [37.04]-5.6'43'-2" [43.16]-5.7'47'-7" [47.58]6' [6.00]13' [13.00]11" [0.90] 4' [4.00]END OF BOAT NOT TOEXTEND PAST END OF DOCK3'-7" [3.58] MLW 5' [4.98] MHWCS-2STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMDOCK CROSS SECTION WITH WATER DEPTH FROM MHWLSITE ADDRESS:STRAP NUMBER:OWNER NAME:SALESMAN:DRAWN BY:SCALE:1" = 5'DATE:2019-04-11REVISION:2019-11-05 AS468700 G 33A05MATT FELTONSTEVE BALL267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPELL52.50 33'-2" [33.14]MEAN HIGH WATERRIPARIAN LINE RIPARIAN LINE 119'-1" [119.09] CANAL WIDTH123'-8" [123.64] CANAL WIDTHNEIGHBORING SEAWALLNEIGHBORING SEAWALL31'-10" [31.84] LOT WIDTH3" [0.27]1'-3" [1.24]7'-6" [7.50] SETBACK7'-6" [7.50] SETBACK3'-5" [3.44]4'-5" [4.40]BOAT LIFT14'-5" [14.40]6' [6.00]24' [24.00]4' [4.00]26'-10" [26.83]13'-5" [13.44]EXISTINGDOCK AND PILINGSTO BE REMOVED*2'-7" [2.57]BULKHEAD LINEP-6LEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK OVERVIEWSCALE:1" = 15'DATE:2016-11-16REVISION:2019-11-05 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN150 MEAN HIGH WATERRIPARIAN LINE RIPARIAN LINENEIGHBORING SEAWALLNEIGHBORING SEAWALLBOAT LIFT 12.5' ONCENTER SPACING6' [6.00]24' [24.00]4' [4.00]26'-10" [26.83] 33'2" [33.14] PROTRUSION LINE FROM PROPERTY LI0NE 8'6"x26' PONTOON BOATBOAT SIZE 1:8'6"x26' PONTOON BOATBOAT SIZE 2:P-6CLEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK DETAILSCALE:1" = 10'DATE:2016-11-16REVISION:2019-11-05 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN1050 150' [149.99]150' [149.99]2345678PROPERTYLOCATION OF VARIANCESEE ATTACHED DOCUMENTMATCHING ADDRESSES TONUMBER LABELS*150' [149.99]15 0 ' [ 1 4 9 . 9 9 ]910111211314125'-11" [125.95]P-6NLEGEND8"PILING - PILING HEIGHTS TO VARY10"PILING - PILING HEIGHTS TO VARY8" PILING - UNDER DECKROPE HANDRAILSQUARE FOOTAGEEXISTING SQUARE FOOTAGEPROPOSED SQUARE FOOTAGE0269OPTIONAL SQUARE FOOTAGE0STOKES MARINE, INC.LICENSE #CBC12511509340 COLLEGE PARKWAY,FORT MYERS, FLORIDA 33919OFFICE:239.489.DOCK FACSIMILE: 239.693.DOCKWWW.STOKESMARINE.COMPROPOSED DOCK OVERVIEWSCALE:1" = 70"DATE:2016-11-16REVISION:2019-11-18 ASSITE ADDRESS:STRAP NUMBER:OWNER NAME:INITIAL OPTIONS SELECTED: OPTION 1 OPTION 2 APPROVAL OF PROPOSED BASE OPTION APPROVAL DATE: 468700 G 33A05SALESMAN:DRAWN BY:MATT FELTONSTEVE BALL**DOCK TO BE BUILT LEVEL REGARDLESS OF VARYING ELEVATIONS OF SEAWALL CAP**267 3RD ST W ESTRO FL 33928-3303MICHAEL CAMPBELL**ALL BOAT LIFT PILING DIMENSIONS ARE MEASURED FROM CENTER OF PILING TO CENTER OF PILING**TOTAL SQUARE FOOTAGE269NN Notification of Variance to Property Owners and Associations within 150 feet STOKES MARINE, INC. 15955 Pine Ridge Rd Fort Myers FL 33908 Office: 239 489-DOCK (3625) 11/8/19 Michael and Rebecca Campbell 3891 Preserve Way Estero, FL 33928 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance, PL20170001588, from the requirements of the zoning regulations as they apply to the following described property: Lot 3, Block G, Little Hickory Shores, Unit 3 Replat in Section 5, Township 48 South, Range 25 East, Collier County, Florida AKA: 267 3rd St West, Unit 3 It is our intent to ask the County to allow us to reduce the minimum side yard setback from the riparian line from 7.5 feet to .27 feet for a boat lift on the east side and from 7.5 feet to 1.24 feet for pilings and to 14.40 feet on the west side to accommodate a boat dock. If you have any questions or concerns, please feel free to contact Mike Pollard using the contact information listed below. Sincerely, Mike Pollard Agent for Michael Campbell Stokes Marine Inc. 239-215-4050 M.pollard@stokesmarine.com STOKES MARINE, INC. 15955 Pine Ridge Rd Fort Myers FL 33908 Office: 239 489-DOCK (3625) November 19, 2019 Collier County Growth Management Department 2800 Horseshoe Dr N Naples, FL 34104 RE: Variance - PL20170001588 CAMPBELL, 267 3rd Street W Mailing List-Property Addresses to be matched with Site Plan P-6N 1. Mailing Address A & H Dock 9N LLC 28819 Winthrop Circle Bonita Springs, FL 34134 Site Address 267 3rd St W Lot 9 Bonita Springs, FL 34134 2. Mailing Address Equity Trust CO FBO W M Moody 1230 Clover Ln Matthews, NC 28104 Site Address 267 3rd St W Lot 8 Bonita Springs, FL 34134 3. Mailing Address Douglas & Janet Wall 195 5th St Bonita Springs, FL 34134 Site Address 267 3rd St W Lot 7 Bonita Springs, FL 34134 4. Mailing Address Donald Gray 144 Limetree Park Dr Bonita Springs, FL 34135 Site Address 267 SW 3rd St W Lot 6 Bonita Springs, FL 34134 5. Mailing Address Hall-Mahrdt LLC/Jardmr Enterprises LLC 600 Kentucky Ave Indianapolis, IN 46225 Site Address 267 3rd St W Lot 5 Bonita Springs, FL 34134 6. Mailing Address Arias Revocable Trust No. 2 26580 Hickory Blvd Bonita Springs, FL 34134 Site Address 267 3rd St W Lot 4 Bonita Springs, FL 34134 7. Mailing Address Bradley & Sharon Wingfelder 5412 Planter’s Wood Ct Mississaugua, ON, Canada L5M5V6 Site Address 267 3rd St W Lot 2 Bonita Springs, FL 34134 8. Mailing Address CBTO LLC 7803 Rollington Rd Pewee Valley, KY 40056 Site Address 267 3rd St W Lot 1 Bonita Springs, FL 34134 9. Mailing Address CBTO LLC 7803 Rollington Rd Pewee Valley, KY 40056 Site Address 259 3rd St Lot 24 + 25 Bonita Springs, FL 34134 10. Mailing Address Bonita Springs Boating Area Inc. PO Box 797 Bonita Springs, FL 34133 Site Address 260 3rd St Lot 27 Bonita Springs, FL 34134 11. Mailing Address Bonita Springs Boating Area Inc. PO Box 797 Bonita Springs, FL 34133 Site Address 266 3rd St W Lot 1 Bonita Springs, FL 34134 12. Mailing Address Bonita Springs Boating Area Inc. PO Box 797 Bonita Springs, FL 34133 Site Address 266 3rd St W Lot 2 Bonita Springs, FL 34134 13. Mailing Address Kent Lloyd 3825 20th Ave SE Naples, FL 34117 Site Address 266 3rd St W Lot 3 Bonita Springs, FL 34134 14. Mailing Address Little Hickory Bay Condo Assoc. 4835 Bonita Beach Rd. # A Bonita Springs, FL 34134 Site Address Non-Buildable Land Parcel No. 00140720004 Michael Pollard Assistant Manager Agent for Michael Campbell Stokes Marine Inc. 239-215-4050 permitting@stokesmarine.com FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary Receipt for Submission SELF-CERTIFICATION FOR A PROJECT AT A PRIVATE, RESIDENTIAL SINGLE-FAMILY 05/30/2019 Self-Certification File No.: 0376733001EE File Name: 267 3rd St Bonita Springs, FL 34134 - Self Cert Exempt Dock with Boat Lift(s) (OFW) Dear Brent Stokes: On 05/30/2019 you used the Florida Department of Environmental Protection's electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State Programmatic General Permit (SPGP) Self Certificat ion Process for a project at private, single-family residence located at: LAT - Degrees: 26 Minutes: 19 Seconds: 37.7434 LONG - Degrees: -81 Minutes: 49 Seconds: 52.1107 SITE ADDRESS: 267 3rd St Bonita Springs, FL 34134 COUNTY: Collier For: Michael Campbell 3891 Preserve Way Estero, FL 33928 You have certified that the project you propose to construct at the above location meets all the conditions of the Self-Certification Process. A project that is built in conformance to those conditions (attached for reference) will: 1. Qualify for a regulatory exemption under Section 403.813(1)(b) of the Florida Statutes (F.S.) and Chapter 62-330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.; 2. Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and Chapter 18-21, F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the project is located on submerged lands owned by the Stat e of Florida. Your Self-Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. The certification is effective only for the specific project proposed, and only if the project is constructed, operated, and maintained in conformance with all the terms, conditions, and limitations stated in the Self-Certification Process. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the project is not completed within one year from the self-certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self-Certification constitutes authorization to use sovereignty/state-owned submerged lands, as required by rule 18-21.005, F.A.C. The authorization must be visibly posted during all construction activities. In waters that are accessible to manatees, obtain information on your mandatory Manatee Protection sign by clicking here. FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP) You have certified that the project you propose to construct at the above location meets all the conditions of the SPGP Self-Certification Process and will be built in conformance to those conditions (attached for reference). Your proposed activity as certified is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your project, attached. No further permitting for this activity is required by the Corps. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self- Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days before the date of initiating the work authorized by this permit or for each phase of the authorized project, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the "Self - Certification Statement of Compliance" form (attached) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self-Certification Statement of Compliance" form. The description of any deviations on the "Self-Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed fo rm. d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. 1. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. 2. For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals. This SPGP Self-Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. You have recognized that your certification is effective only for the specific project proposed, and provided the project is constructed, operated, and maintained in conformance with all the terms, conditions, and limitations stated in the SPGP Self - Certification Process. This Self-Certification will not apply if any substantial modifications are made to the project. You agree to contact the Department for review of any plans to construct additional structures or to modify the project, as changes may result in a permit being required. You have acknowledged that this Self-Certification will automatically expire if: 1. construction of the project is not completed by midnight, July 25, 2021, unless construction commenced or a contract to construct was executed before July 25, 2021, in which case the time limit for completing the work authorized by the SPGP ends at midnight, July 25, 2022. However, in no case can construction continue for more than one year beyond the Self-Certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self-Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self-Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. If you have any questions, please contact your local Department District Office. Contact information can be found at: https://floridadep.gov/sites/default/files/SLERC_contacts_web_map_01-2017_0.pdf. For further information, contact the Corps directly at: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. When referring to your project, please use the SPGP Self-Certification file number listed above. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled Coordination Agreement between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. ADDITIONAL INFORMATION This Self-Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies (federal, state, Water Management District, or local) that may be required for the project. Failure to obtain all applicable authorizations prior to construction of the project may result in enforcement. If you have any problems with the attached documents, please call the ERP Coordinator at (850) 245-8495 or by e-mail at ERP_eApps@dep.state.fl.us. Sincerely, Florida Department of Environmental Protection. Attachments: FDEP Terms and Conditions SPGP Terms and Conditions Project Design Criteria 1. 2. 3. 4. 5. 6. 1. 2. CONDITIONS FOR DEPARTMENT OF THE ARMY SELF-CERTIFIED STATE PROGRAMMATIC GENERAL PERMIT FOR A PROJECT AT A PRIVATE, SINGLE-FAMILY RESIDENCE Self Certification File No.: 0376733001EE Verification that the project meets the Project Design Criteria: You have verified that the project meets the Project Design Criteria (attached in a separate document), and have authorized FDEP to send a copy of this verification to the Corps on your behalf. General Conditions: The time limit for completing the work authorized on July 26, 2021. 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. 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. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form and forward a copy of the permit to this office to validate the transfer of this authorization. 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. 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: 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. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 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. 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. 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. 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. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Manatee Conditions: All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. All vessels associated with the construction project will operate at ''Idle Speed/No Wake'' at all times while in the immediate area and while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 5. 6. 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) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at .ImperiledSpecies@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 ½” by 11'' 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.com/manatee. Questions concerning these signs can be sent to the email address listed above. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 1. 2. TERMS AND CONDITIONS Self Certification File No.: 0376733001EE Construction Conditions: Private residential single family docks are subject to the following criteria in accordance with Section The dock to be constructed:403.813(1)(b), F.S. Has 500 square feet or less over water surface (includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia;. Is the sole dock on the parcel; and Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. {VelocityFormatter.fdepTncB} Boat lifts are subject to the following additional conditions: Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock; With other mooring will not result in the mooring of more than two vessels (including jet skis); Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; Will not be located in areas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the applicant and are enforceable under or Chapters 253, F.S. 258, F.S. Sovereignty/state-owned submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund (Board). Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 1. 2. lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.; Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. Structures or activities will not create a navigational hazard. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/state-owned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board in writing of any change of address at least ten days before the change becomes effective. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. Manatee Conditions: The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. All vessels associated with the construction project will operate at 'Idle Speed/No Wake' at all times 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 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 will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 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) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida. Temporary signs concerning manatees will be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2'' by 11'' 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. Self-Certification Requirements: The user agrees to the following: The information provided herein is true and accurate. Construction of the project must be completed within one year from the self-certification date. If the project cannot be completed within that time frame, or the project is to be modified, the Department must be contacted for authorization requirements. Any substantial modifications in the plans for this project must be submitted to the Department for review, as changes may result in a permit being required. This self-certification will automatically expire if site conditions materially change; if the terms, conditions, and limitations of the self-certification are not followed; or if the governing statutes or rules are amended before the project is completed. Department personnel will be allowed to enter the property for purposes of inspecting the project for compliance with the terms and conditions of this self-certification. DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE, FLORIDA 32232-0019 (Update December 17, 2018) Project Design Criteria (PDCs) Applicable To Self Certified Projects STATE PROGRAMMATIC GENERAL PERMIT (SPGP V-R1) STATE OF FLORIDA Background. On one the Florida Department of Environmental Protection (FDEP) Self- Certification web pages for “Exempt Single Family Dock (Self Certification)”, the Permitee/Agent answers either “yes” or “no” to the statement ““I certify the Project design and construction will meet the “Project Design Criteria (PDCs) Applicable To Self-Certified Projects” and authorize the FDEP to transmit this to the Corps on my behalf.” Explanation. Below are the excerpts from the SPGP V-R1 Permit where the PDCs relevant to the Self Certification were transcribed from the National Marine Fisheries Service’s (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated November 20, 2017. (Excerpts begin here) * * * Procedure: * * * 4. Self-Certification. The FDEP may authorize certain single-family docks and boatlifts under this SPGP V-R1 through their online, electronic self-certification process, if all of the following requirements are implemented: a.Limitations: * * * (5) Project cannot be the following (Reference: JAXBO Section 2.3, page238): (i) On an unbridged, undeveloped coastal island or undeveloped coastal island segment or undeveloped coastal barrier island; REPLY TO ATTENTION OF PDCs Applicable To Self Certified Projects Page 2 (ii) On sandy beaches fronting the Gulf of Mexico or Atlantic coast shoreline, exclusive of bays, inlets, rivers, bayous, creeks, passes, and the like; (iii) Within 50 feet of the Mean High Water Line (MHWL) at any riparian coastal location fronting the Gulf of Mexico or Atlantic Coast shoreline; (iv) Located in the coastal counties of Wakulla, Taylor, Dixie, Levy, Pasco, and Monroe; (v) Located in Biscayne Bay Aquatic Preserve; (vi) Located in the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida); (vii) In Federal Special Waters (Biscayne Bay National Park, Blackwater Creek, Faka Union Canal, Garfield Point, Loxahatchee River, Okeechobee Waterway, Rock Springs Run, St. Marys River, Tampa Bypass Canal, Timucuan Preserve, Wekiva River); (viii) Located in any of the following restriction or exclusion zones (described by Section 2.1.1 of JAXBO): Smalltooth Sawfish Critical Habitat Limited Exclusion Zone (see Work Authorized paragraph B.1.m below and Attachment 23); Gulf Sturgeon Critical Habitat Migratory Restriction Zones (see Work Authorized paragraph B.1.n below and Attachment 28); Atlantic Sturgeon Critical Habitat Exclusion Zone (see Work Authorized paragraph B.1.o below and Attachment 30); and North Atlantic Right Whales Educational Sign Zones (see Work Authorized paragraph E.2.c. and Attachment 29); and (ix) Located in an area with non-ESA listed seagrasses and will result in any impacts or shading to these seagrasses, except for projects that comply with Work Authorized paragraph B.2.d / Special Condition paragraph 8.h. * * * Work Authorized: * * * B. Red and Green for all types of Projects. 1. Red: The following Projects are not authorized by this SPGP V-R1: PDCs Applicable To Self Certified Projects Page 3 * * * m. Smalltooth Sawfish Critical Habitat Limited Exclusion Zone. Any project within the areas on the Caloosahatchee River (Lee County) shown on page 25 of JAXBO (Attachment 23) (Reference: JAXBO PDCs AP.4, A1.8.5, A2.12.). n. Gulf Sturgeon Critical Habitat Migratory Restriction Zone. Any project at the mouths of Gulf sturgeon spawning rivers (Escambia River, Blackwater/Yellow Rivers, Choctawhatchee River, Apalachicola River, and Suwannee River) and narrow inlets (Indian Pass and Government Cut in Apalachicola Bay and Destin Pass in Choctawhatchee Bay) shown on the page 28 of JAXBO (Attachment 28) (Reference: JAXBO PDCs AP.4, A.1.9, A2.11.). o. Atlantic Sturgeon Critical Habitat Exclusion Zone. The main stem St. Marys River from the confluence of Middle Prong St. Marys and the St. Marys Rivers downstream to its mouth (river kilometer zero) shown in Attachment 30 (the page from the Federal Register) (Reference: JAXBO PDC AP4.). p. For all projects involving the installation of piles, sheet piles, concrete slab walls or boatlift I-beams (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86): (1) Any installation of metal pipe or metal sheet pile by impact hammer. (2) Any installation by impact hammer greater than 5 piles/slabs/beams installed per day. * * * 2. Green: In addition to the other requirements of this SPGP V-R1, a project to be authorized under this SPGP V-R1 must meet the following to be “Green”: a. A Project that is not “Red”. * * * c. For all projects involving the installation of piles, sheet piles, concrete slab walls or boatlift I-beams (Reference Categories A, B and C of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86): (1) Construction methods limited to trench and fill, pilot hole (auger or drop punch), jetting, vibratory, and impact hammer (however, impact hammer limited to installing no more than 5 per day). PDCs Applicable To Self Certified Projects Page 4 (2) Material limited to wood piles with a 14-inch diameter or less, concrete piles with a 24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal boatlift I-beams, concrete slab walls, vinyl sheet piles, and metal sheet piles (however, not authorized is installation of metal pipe or metal sheet pile by impact hammer). d. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following: (1) A pile supported structure (i) that is located on a natural waterbody (i.e. outside an artificial waterway that was excavated for boating access and is bordered by residential properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (a) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). * * * (2) For all other Projects (other than (1) above), * * * (ii) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within freshwater tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. * * * (iv) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army PDCs Applicable To Self Certified Projects Page 5 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” updated November 2017 (Attachment 5). * * * e. Regarding mangroves, the design and construction of a Project must comply with the following (Reference: JAXBO PDCs AP.3 and AP.12.): (1) All projects must be sited and designed to avoid or minimize impacts to mangroves. (2) Mangrove removal must be conducted in a manner that avoids any unnecessary removal and is limited to the following instances: (i) Removal to install up to a 4-ft-wide walkway for a dock. (ii) Removal of mangroves above the mean high water line (MHWL) provided that the tree does not have any prop roots that extend into the water below the MHWL. (3) Mangrove trimming. Mangrove trimming refers to the removal (using hand equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of the trunk of the tree) in a manner that ensures survival of the tree. (i) Projects with associated mangrove trimming waterward of the MHWL are authorized if the trimming: (a) occurs within the area where the authorized structures are placed or will be placed (i.e., removal of branches that overhang a dock or lift), (b) is necessary to provide temporary construction access, and (c) is conducted in a manner that avoids any unnecessary trimming. (ii) Projects proposing to remove red mangrove prop roots waterward of the MHWL are not authorized, except for removal to install the dock walkways as described above. (4) For pile-supported structures, the following additional requirements for mangroves found in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5) shall apply: (i) The width of the piling-supported structure is limited to a maximum of 4 feet. PDCs Applicable To Self Certified Projects Page 6 (ii) Mangrove clearing is restricted to the width of the piling-supported structure. (iii) The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove fringe. f. Regarding coral and hard bottom habitat, the design and construction of a Project must comply with the following (Reference: JAXBO PDCs AP.3 and AP.14.): (1) Projects are not authorized that may affect, directly or indirectly, species of coral listed under the Endangered Species Act found from St. Lucie Inlet, Martin County south to the Dry Tortugas. * * * (3) Projects are not authorized if non-listed corals are found within the project footprint. (4) Projects are not authorized if hard bottom habitat is found within the project footprint. Hard bottom is defined in the following ways: (i) Natural consolidated hard substrate that is suitable to support corals, coral larval settlement, reattachment and recruitment of asexual coral fragments. These areas of hard bottom or dead coral skeleton must be free from fleshy or turf macroalgae cover and sediment cover. (ii) Nearshore and surf-zone, low-profile hard bottom outcroppings. (e.g., worm-rock reef [sabellariid worm reefs] and eolianite, granodiorite). This habitat can be persistent or ephemeral, cycling through periods of exposure and cover by sand. The range of this hard bottom habitat extends along the southeastern coast of Florida from Cape Canaveral to Miami-Dade County and in the U.S. Caribbean. It is an important developmental habitat for juvenile hawksbill and green sea turtles, which use it for both foraging and refuge. g. A project must also meet the activity-specific “Red” and “Green” requirements. * * * E. Red and Green for Docks, Piers, Associated Facilities, and other Minor Piling- Supported Structures. The conditions herein are in addition to those in paragraph B above. 1. Red: The following projects are not authorized by this SPGP V-R1: PDCs Applicable To Self Certified Projects Page 7 * * * c. Municipal or commercial fishing piers (Reference: JAXBO PDC A2.17.). d. Within Acropora critical habitat, if essential features present (table in Attachment 9), new or expanded pile supported structures not allowed (Reference: JAXBO PDC A2.10.). (1) However, repair/replacement within existing footprint is authorized. * * * f. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.): (1) ATONs (pile-supported and anchored buoys) are allowed in nearshore reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA DPS)of loggerhead sea turtle critical habitat. (2) No other pile-supported structures are allowed in nearshore reproductive habitat. 2. Green: In addition to the other requirements of this SPGP V-R1, a project must meet the following Special Conditions in order to be “Green”: a. A Project shall be designed and constructed within the following limits: (1) This SPGP V-R1 authorizes only the following pile-supported and anchored structures: docks and piers; boatlifts; mooring piles and dolphin piles associated with docks/piers; ATONs and Private Aids to Navigation (PATONs); floating docks; pile-supported chickees (i.e., small, back- country, over-water, pile-supported, primitive camping shelters); boardwalks (as long as they are designed and clearly marked to prohibit fishing and vessel mooring); and other minor pile-supported structures. This does not include structures, such as ferry terminals and large ports, which support large commercial vessels including ferries, tankers, and cargo ships (Reference: JAXBO PDC A2.1.1.). (2) Pile-supported docks/piers for a single-family residential lot are limited to 4 slips for motorized vessels. This limit is cumulative: existing and proposed/new; wet and dry slips. Slips for non-motorized vessels (e.g., kayak, canoe, and paddleboard) and associated launching areas do not count toward the total slip number (Reference: JAXBO PDC A2.1.2.). * * * c. North Atlantic Right Whale. For any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of PDCs Applicable To Self Certified Projects Page 8 North Atlantic right whale critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive), the FDEP or Designee will attach to their authorization the North Atlantic Right Whale Information Form, Attachment 27 (from Appendix C of JAXBO, page 332) (Reference: JAXBO PDC A2.4.). * * * Special Conditions: * * * 2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.). 3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.). 4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.). * * * 8. Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported Structures. * * * f. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle- friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.). g. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.). h. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following: PDCs Applicable To Self Certified Projects Page 9 (1) A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial waterway that was excavated for boating access and is bordered by residential properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (i) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (2) For all other Projects, * * * (ii) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. (iii) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). * * * 11. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self-Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days beforethe date of initiating the work authorized by this permit or for each phase of the authorized project, the PDCs Applicable To Self Certified Projects Page 10 Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 32) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 2). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals. * * * Attachments to Department of the Army State Programmatic General Permit (SPGP V-R1) * * * 2. Department of the Army Permit Transfer for SPGP V-R1. * * * 5. Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat. 6. PDCs for In-Water Activities. PDCs Applicable To Self Certified Projects Page 11 7. Submerged Aquatic Vegetation Survey Guidelines * * * 9. Critical Habitat Essential Features/PCEs 10. Acropora spp. Critical Habitat Maps. * * * 23. Smalltooth Sawfish Critical Habitat Limited Exclusion Zones. 24. Loggerhead Turtle Nearshore Reproductive Critical Habitat. * * * 28. Gulf Sturgeon Critical Habitat Restriction Zone. 29. North American Right Whale Education Sign Zones. 30. Atlantic Sturgeon Critical Habitat Exclusion Zone. * * * 32. Self Certification Statement of Compliance. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 2 Department of the Army Permit Transfer for SPGP V-R1. ______________________________________________________________________ ______________________________________________________________________ ___________________________________________ _____________________ _____________________________________________________________________ _____________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Department of the Army Permit Transfer for SPGP V-R1 PERMITEE: _________________________________________________ PERMIT NUMBER: ___________________________________ DATE: ___________ ADDRESS/LOCATION OF PROJECT: (Subdivision) (Lot) (Block) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. (Transferee Signature) (Date) (Name Printed) (Street address) (Mailing address) Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 5 Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat. 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. 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. Ar my 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. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 6 PDCs for In-Water Activities. These pages are extract from the National Marine Fisheries Services' Jacksonville District's Programmatic Biological Opinion (JAXBO) dated November 20, 2017. Gray box on last page shows text not applicable to PDCs for In-Water Activities. PDCs for In-Water Activities For an activity to be covered under this Opinion, the USACE authorization must include the following conditions. Failure to comply with these conditions could result in enforcement action by the USACE and/or NMFS. AP.7. Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.ht ml AP.8. Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. . b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-877- WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. AP.9. Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment: i) All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. 48 iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. AP.10. Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species’ entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): x Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. x The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cable 49 line). If turbidity cmta ins ar e not feasib le in an area b ased o n s ite con di tions such as w ater cmTe nt, high w ave action , or sto1my con d ition s, th e p roject must under go indiv idua l Section 7 consultation an d is n ot cover ed unde r this P rogrammatic Opinio n. AP.11.Entanglement: All turbidi ty c mtains and oth er in-w ater e quip m ent must b e properly secured w i th m aterials that re duce the risk o f entan g lem ent of marine sp ecies (d escribed b elow). Turbidity cmta ins likewise must b e ma de of materials that r edu ce th e risk of e n tan gl em ent o f m a rine sp ecies. a) ill-water lines (rope, ch ain, an d cabl e, inclu ding th e lines to secure turbidity c mtains) must b e stiff, taut, and n on-looping . E x amples o f su ch lines are h e avy m et a l ch ains or h eavy cables that do n ot r eadily loop and tan gle . Flexible in-water lines, s u ch as nyl on rop e o r any lines that could l oop or tang l e, must b e e nclosed in a plastic o r m bber sleeve/tube to add rigidi ty and p revent th e line fr o m looping and tan gling. fu a ll instances, n o excess line is a llowed in th e w ater. b) Turbidity cmtains and oth er in-water equipment must b e p la ced in a manner that d oes n ot e ntrap s p eci es w i thin th e constmction area or block access for them to n avigate around the constmcti on a re a . PDCs for Mangroves, Seagrasses, Corals and Hard Bottom for All Projects Note: For nrojects authorized in reliance on this Oninion onll:'., the PDCs below supercede any other guidance documents othe1wise applicable to reduce or avoid impacts to mangroves, seagrasses, and corals. This includes the NMFS's Construction G1dde/;11es in Florida for Minor Piling-Supported Stntctures Constntcted in or over Submerged Aquatic Vegetation, Marsh, or Mangrove Habitat dated August 2001, and NMFS 's Key for Constntction Conditions for Docks or Other Minor Structures Constructed in or over Johnson's Seagrass (Halopllila jolmsonii), dated October 2002. NMFS may still apply these guidance docmnents in other consultations, including consultations on Essential Fish Habitat under the Magnuson-Stevens Fishe1y Conse1vation and Management Act, as appropriate. AP.12. Mangroves • To qualify for coverage under this Opinion, all projects must be sited and designed to avoid or minimize impacts to mangroves. • Mangrove removal must be conductedin a manner that avoids any unnecessary removal and is limited to the following instances: o Removal to install up to a 4-ft-wide walkway for a dock. o Removal to install up to an 8-ft-wide walkway for public docks, where the walkway is necessary to address compliance with the Americans with Disability Act (ADA). o Removal to install culverts necessary to improve water quality or restore hydrology between 2 water bodies. Such mangrove removal is limited to a maximmn of 20 linear feet (lin ft) of shoreline per culve1i opening. o Removal of mangroves above mean high water (MHW) provided that the tree does not have any prop roots that extend into the water below the MHWL. 50 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 7 Submerged Aquatic Vegetation Survey Guidelines Submerged Aquatic Vegetation Survey Guidelines May 7, 2018 Please provide information on the presence of any submerged aquatic vegetation (SAV) at or adjacent to the proposed location of the work by conducting a SAV survey. SAV surveys can only be performed between June 1 and September 30 of each year. At a minimum, the surveyed area shall encompass a 50-foot radius around the location of the proposed work. The ensuing report shall describe the survey method, depict the locations of all SAV, and shall clearly depict the distribution of the various species of SAV. In addition, the report shall contain the percent cover of each species of SAV, frequency of occurrence of each species of SAV, and the name, mailing address and telephone number of the qualified person performing the survey. Furthermore, if Johnson's seagrass (Halophila johnsonii) is observed, the report shall include the shoot density of the Johnson's seagrass. The report should also include a plan view drawing depicting any existing structures and the proposed work in reference to the surveyed area. If the proposed work is a dock or pier and SAV is present, or if the proposed work is a dock or pier and is located in the known range of Johnson 's seagrass (in lagoons on Florida' s east coast from Turkey Creek/Palm Bay (Brevard County) south to and including central Biscayne Bay (Miami-Dade County) , the dock or pier should be designed in accordance with the joint U.S. Army Corps of Engineers/National Marine Fisheries Service dock construction guidelines (Dock Construction Guidelines in Florida for Docks or Other Minor 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) and the Project Design Criteria for the National Marine Fisheries Service and U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (November 2017).. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 9 Critical Habitat Essential Features/PCEs These pages are extract from the National Marine Fisheries Serv ices' Jacksonv ille District's Programmatic B iological O pin ion (J AXBO) dated Nov ember 20, 2017 . Gray box show s text not applicable to Table 7 Marine ~fammals North Atlantic tight whale E p NP Blue whale E p p Fin whale E p p Sei whale E p p Spenn whale E p p Brvde's whale (proposed) E p NP E = endangered: T =threatened, P = Present NP =Not Present Table 6. Desie:nated Critical Habitat Nl\IFS Believes is In or Near the Action Area Species Unit in Florida Unit in U.S. Caribbean Smalltooth saw.fish • Charlotte Harbor Estuary (CHEU) NIA • Ten Thousand Islands/ Everglades (TTIEU) Gulf sturgeon Units 9-14 1u NIA • Nearshore Reproductive Habitat: Uruts Loggerhead sea LOGG-N-14 to 32 •Breeding Habitat: Units LOGG-N-17. 19 NIA tuttle (NW A DPS) • Migrato1yHabitat: Units LOGG-N-17. 18. 19 • Sargassum Habitat Unit LOGG-S-0 l Green sea nutle NIA Culebra Island (NA DPS) Hawksbill sea tmtle NIA Mona and Monita Island Leatherback sea NIA St Croix Island nut le • Area 2: Puerto Rico and Associated Islands Staghom and Area 1: Florida • Area 3: St John/St_ Thomas. elkhom coral U.S. Virgin Islands • Area 4: St. Croix. U.S. Virgin Islands Johnson·s seagrass UnitsA-J NIA North Atlantic tight Unit2 NIA whale Atlantic sn1rgeon South Atlantic Unit 7 11 NIA NI A= Not applicable T able 7 (bel ow) p rovides a comp let e list o f t h e essen tial features/primary constit u ent el em ents (PC E s) o f e ac h cri tic al h abitat uni t tha t occurs in Florida and the U.S . C aribbean. N ote that t he t able below re fers t o b oth e ssen tial features and P CEs of critical h ab itat. This duality o f te1ms is 10 Gulf sturgeon cntical habitat is m1der the joint jurisdiction of the USFWS and NMFS. with the USFWS managing 1'iYerine habitat and NMFS managing estuai'ine and mai'ine habitats. Units 9-14 ai·e the only area5 tmder NMFS • s jw'isdiction that are f01md in the action area. 11 The South Atlantic Unit 7 (St. Marys Unit) includes the St. Marys RiYer in (1) Caniden and Charlton Countie& in Georgia and (2) Baker and Nassau Cow1ties in Florida. 39 because the USFWS uses the term “PCE” and NMFS uses “essential features” when describing critical habitat. When we develop a critical habitat rule jointly with USFWS, the term PCE is often used. Recent amendments to the Services’ joint regulations implementing the ESA, however, removed reference to “primary constituent elements” (81 FR 7414, Feb. 11, 2016). As we explained in the final rule, removing this phrase is not intended to substantively alter anything about the designation of critical habitat, but to eliminate redundancy in how we describe the physical or biological features. New critical habitat rules will describe physical biological features (PBFs) to help identify habitat essential to the conservation of the species. In this Opinion, we refer to the features as they were described in the rule designating that critical habitat. For example, the Gulf sturgeon critical habitat rule refers to PCEs, and thus we have used that term in the table below. Critical habitat boundary maps are available at http://sero.nmfs.noaa.gov/maps_gis_data/protected_resources/critical_habitat/index.html. Table 7. Essential Features/PCEs/PBFs of Each Critical Habitat Unit in Florida and the U.S. Caribbean Smalltooth The physical and biological features essential to the conservation of the U.S. sawfish DPS of smalltooth sawfish, which provide nursery area functions are: red (74 FR 45353, mangroves and shallow euryhaline habitats characterized by water depths Sept. 2, 2009) between the Mean High Water line and 3 ft (0.9 m) measured at Mean Lower Low Water (MLLW). These features are included in critical habitat within the boundaries of the specific areas in paragraph (b) of this section, except where the features were not physically accessible to sawfish at the time of this designation (September 2009); for example, areas where existing water control structures prevent sawfish passage to habitats beyond the structure. Gulf sturgeon Based on the best available information, there are 7 PCEs essential for the (68 FR 13370, conservation of the Gulf sturgeon. Only the following 4 are under NMFS’s March 19, 2003) jurisdiction: 1. Abundant prey items within estuarine and marine habitats and substrates for juvenile, subadult, and adult life stages; 2. Water quality, including temperature, salinity, pH, hardness, turbidity, oxygen content, and other chemical characteristics, necessary for normal behavior, growth, and viability of all life stages; 3. Sediment quality, including texture and other chemical characteristics, necessary for normal behavior, growth, and viability of all life stages; and 4. Safe and unobstructed migratory pathways necessary for passage within and between riverine, estuarine, and marine habitats (e.g., a river unobstructed by any permanent structure, or a dammed river that still allows for passage). 40 Loggerhead sea turtle (79 FR 39855, July 10, 2014) 1. Nearshore reproductive habitat: The PBF of nearshore reproductive habitat as a portion of the nearshore waters adjacent to nesting beaches that are used by hatchlings to egress to the open-water environment as well as by nesting females to transit between beach and open water during the nesting season. The following PCEs support this habitat: (i) Nearshore waters directly off the highest density nesting beaches and their adjacent beaches, as identified in 50 CFR 17.95(c), to 1.6 kilometer (km) offshore; (ii) Waters sufficiently free of obstructions or artificial lighting to allow transit through the surf zone and outward toward open water; and (iii) Waters with minimal man-made structures that could promote predators (i.e., nearshore predator concentration caused by submerged and emergent offshore structures), disrupt wave patterns necessary for orientation, and/or create excessive longshore currents. 2. Winter areas: Florida does not contain any winter areas. 3. Breeding areas: the PBF of concentrated breeding habitat as those sites with high densities of both male and female adult individuals during the breeding season. PCEs that support this habitat are the following: (i) High densities of reproductive male and female loggerheads; (ii) Proximity to primary Florida migratory corridor; and (iii) Proximity to Florida nesting grounds. 4. Constricted migratory habitat: the PBF of constricted migratory habitat as high use migratory corridors that are constricted (limited in width) by land on one side and the edge of the continental shelf and Gulf Stream on the other side. PCEs that support this habitat are the following: (i) Constricted continental shelf area relative to nearby continental shelf waters that concentrate migratory pathways; and (ii) Passage conditions to allow for migration to and from nesting, breeding, and/or foraging areas. 5. Sargassum habitat: the PBF of loggerhead Sargassum habitat as developmental and foraging habitat for young loggerheads where surface waters form accumulations of floating material, especially Sargassum. PCEs that support this habitat are the following: (i) Convergence zones, surface-water downwelling areas, the margins of major boundary currents (Gulf Stream), and other locations where there are concentrated components of the Sargassum community in water temperatures suitable for the optimal growth of Sargassum and inhabitance of loggerheads; (ii) Sargassum in concentrations that support adequate prey abundance and cover; (iii) Available prey and other material associated with Sargassum habitat including, but not limited to, plants and cyanobacteria and animals native to the Sargassum community such as hydroids and copepods; and (iv) Sufficient water depth and proximity to available currents to ensure offshore transport (out of the surf zone), and foraging and cover requirements by Sargassum for post-hatchling loggerheads, i.e., > 10-m depth. 41 Acropora The physical feature essential to the conservation of elkhorn and staghorn (Staghorn and corals is: substrate of suitable quality and availability to support larval elkhorn coral) settlement and recruitment, and reattachment and recruitment of asexual (73 FR 72210, fragments. “Substrate of suitable quality and availability” is defined as Nov. 26, 2008) natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover. Johnson’s Based on the best available information, general physical and biological seagrass features of the critical habitat areas include adequate water quality, salinity (65 FR 17786, levels, water transparency, and stable, unconsolidated sediments that are free April 5, 2000) from physical disturbance. North Atlantic Critical habitat includes 2 areas (Units) located in the Gulf of Maine and right whale Georges Bank Region (Unit 1) and off the coast of North Carolina, South (81 FR 4837, Jan. Carolina, Georgia and Florida (Unit 2). Only Unit 2 occurs within the action 27, 2016) area. The physical features essential to the conservation of the North Atlantic right whale, which provide calving area functions in Unit 2, are: 1. Sea surface conditions associated with Force 4 or less on the Beaufort Scale 2. Sea surface temperatures of 7°C to 17°C 3. Water depths of 20-92 ft (6- 28 m), where these features simultaneously co-occur over contiguous areas of at least 231 squared nautical miles (nmi²) of ocean waters during the months of November through April. When these features are available, they are selected by right whale cows and calves in dynamic combinations that are suitable for calving, nursing, and rearing, and which vary, within the ranges specified, depending on factors such as weather and age of the calves. Atlantic sturgeon The physical features essential for the conservation of Atlantic sturgeon (82 FR 39160, belonging to the Carolina and South Atlantic DPSs are those habitat August 17, 2017) components that support successful reproduction and recruitment. These are: 1. Hard bottom substrate (e.g., rock, cobble, gravel, limestone, boulder, etc.) in low salinity waters (i.e., 0.0-0.5 parts per thousand range) for settlement of fertilized eggs and refuge, growth, and development of early life stages; 2. Aquatic habitat inclusive of waters with a gradual downstream gradient of 0.5 up to as high as 30 parts per thousand and soft substrate (e.g., sand, mud) between the river mouth and spawning sites for juvenile foraging and physiological development; 3. Water of appropriate depth and absent physical barriers to passage (e.g., locks, dams, thermal plumes, turbidity, sound, reservoirs, gear, etc.) between the river mouth and spawning sites necessary to support: (i) Unimpeded movement of adults to and from spawning sites; (ii) Seasonal and physiologically dependent movement of juvenile 42 Atlantic sturgeon to appropriate salinity zones within the river estuary; and (iii) Staging, resting, or holding of subadults or spawning condition adults. Water depths in main river channels must also be deep enough (at least 1.2 meters) to ensure continuous flow in the main channel at all times when any sturgeon life stage would be in the river; 4. Water quality conditions, especially in the bottom meter of the water column, with temperature and oxygen values that support: (i) Spawning; (ii) Annual and inter-annual adult, subadult, larval, and juvenile survival; and (iii) Larval, juvenile, and subadult growth, development, and recruitment. Appropriate temperature and oxygen values will vary interdependently, and depending on salinity in a particular habitat. For example, 6.0 mg/L dissolved oxygen or greater likely supports juvenile rearing habitat, whereas dissolved oxygen less than 5.0 mg/L for longer than 30 days is less likely to support rearing when water temperature is greater than 25°C. In temperatures greater than 26°C, dissolved oxygen greater than 4.3 mg/L is needed to protect survival and growth. Temperatures of 13 to 26 °C likely support spawning habitat. Green sea turtle Critical habitat for the green sea turtle is designated in the waters (63 FR 46693, surrounding the island of Culebra, Puerto Rico, from the mean high water Sept. 2,1998) line (MHWL) seaward to 3 nmi. These waters include Culebra’s outlying Keys, including Cayo Norte, Cayo Ballena, Cayos Geniquí, Isla Culebrita, Arrecife Culebrita, Cayo de Luís Peña, Las Hermanas, El Mono, Cayo Lobo, Cayo Lobito, Cayo Botijuela, Alcarraza, Los Gemelos, and Piedra Steven. At the time of designation, essential features to critical habitat were not precisely defined; however, the critical habitat was designated to provide protection for important developmental and resting habitats. Juvenile and adult green sea turtles depend on seagrasses as the principal dietary component for foraging. In addition, coral reefs and other topographic features within the waters around Culebra Island and surrounding islands and cays provide green turtles with shelter during interforaging periods that serve as refuge from predators. On April 6, 2016, NMFS published a final rule listing 11 DPSs of the green sea turtle, including the NA DPS. 81 FR 20058; April 6, 2016. NMFS will issue a rule designating critical habitat for the DPSs in a future rulemaking. In the interim, the existing critical habitat designation described herein remains in effect for the NA DPS of green sea turtles. Hawksbill sea turtles (63 FR 46693, Critical habitat for the hawksbill sea turtle has been designated in the waters surrounding the islands of Mona and Monito, Puerto Rico, from the MHWL seaward to 3 nmi. At the time of designation, essential features to critical 43 Sep t. 2 , 1998) h abitat were not precisely de fined; however , th e cri tical habitat was designated to provide protection for important developmental and r esting habi tats. Hawksbill sea tutt les depen d on sponges as their principal dietary compon ent an d h eal thy coral reefs for forag ing and sh elter habitats. Leatherback sea C ritical habitat fo r the leath erback sea tuttle h as b een des i gnated in the tutt les water s adjacent to San dy P oint on t h e southwest co m er of St. Croix , U .S. (44 FR 8491 , Virgin Is lan ds , in water s fro m th e 100-fath om curve sh or eward to th e level Marc h 23 , 1979) of mean high tide, with boundar ies at 17° 42' l 2''N an d 64 °50'00"W. At th e time of desi gna tion , essential fe atut·es to critical h abitat were n ot p recisel y de fined; however , critical h abitat fo r leatherback sea tuttles was designated to provide protection to sea tuttles u sing t hese waters fo r comting, breeding, and as access to and fro m nesting areas on San dy P oint B each , St. Croix, U.S . Virgin Islands. 2.2 Activities Analyzed, Project Design Criteria, and Potential Routes of Effect In this section of the Opinion, we describe the categories of activities under consultation, the PDCs that each activity must meet to be covered under this Opinion, and the expected effects of each category of activities on ESA-listed species and designated critical habitat. In particular. for each category of activity covered by this Opinion. we will provide the following information: 1. Activity Description: A general description of how the activity typically is implemented with sample photos and drawings. We are providing a general overview of the typical implementation for context: the installation materials, methods. and locations ar·e limited by the PDCs. 2. PDCs: A description of the non-discretionary PDCs applicable to all projects covered under this Opinion. The general PDCs ensure that the covered activities meet certain thresholds designed to avoid or minimize impacts on ESA-listed species and critical habitat. In addition to the general PDCs, each of the 10 categories of covered activities is subject to additional activity-specific PDCs. Like the general PDCs. activity-specific PDCs ar·e non- discretionary requrrements for coverage under the Opinion that avoid or minimize the potential effects of permitted activities on ESA-listed species and designated critical habitat. All PDCs were developed based on inf01mation from the USACE's past permitting practices and review of consultations on USACE-authorized in-water construction activities in Florida and the U.S. Caribbean. The activity-specific PDCs are typical of measures used to protect ESA listed species and designated critical habitat and are substantially similar to the PDCs that NMFS included in other programmatic consultations with the USACE in the last 5 years including the SWPBO. 12 SAJ General Permit Prograllllllatic. SAJ-42. SAJ-82. and SPGP IV-Rl. In addition. PDCs designed to avoid or minimize effects on critical habitat are provided at the end of each categ01y of activity when additional protections. beyond the general and activity- specific PDCs. ar·e requrred to avoid or minimize effects on a particular critical habitat unit. 44 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 10 Acropora spp. Critical Habitat Maps. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 23 Smalltooth Sawfish Critical Habitat Limited Exclusion Zones. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 24 Loggerhead Turtle Nearshore Reproductive Critical Habitat. Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 28 Gulf Sturgeon Critical Habitat Restriction Zone. additiona measur s or areas ar deemed necessary for protec or if the areas de ined below require modifica will discuss these cha ith the U ACE at the programm ti review meeting (see Section 2. and any revisions will be included in this Opinion by adde tion, we ), ndum. This page is extract from the National Marine Fisheries Services' Jacksonville District's Programmatic Biological Opinion (JAXBO) dated November 20, 2017.Gray box shows text not applicable to Table 2 If additional measures or areas are deemed necessary for protection, or if the areas defined below require modification, we will discuss these changes with the USACE at the programmatic review meetings (see Section 2.4), and any revisions will be included in this Opinion by addendum. Table 2. Gulf sturgeon critical habitat migratory restriction zones Water Body Delineation Type Point A Point B Point C Point D Escambia River 30.5146361°N 87.16093°W 30.5323916°N8 7.13192°W Blackwater/ Yellow Rivers Line 30.5047°N 87.0475°W 30.5047°N 87.0196583°W Choctawhatchee Bay Line 30.385183°N 86.515394°W 30.3814861°N 86.50684°W Choctawhatchee River Line 30.429794°N 86.147725°W 30.37842°N 86.1252°W Apalachicola Bay Polygon 29.675561°N 85.240283°W 29.6751°N 85.2160583°W 29.681216°N 85.2160583°W 29.684875°N 85.221502°W Apalachicola Bay Polygon 29.6308694°N 85.1060027°W 29.6223194°N 85.097038°W 29.6267861°N 85.093172°W 29.63268°N 85.09687°W Apalachicola Bay Polygon 29.611361°N 84.958483°W 29.611872°N 84.957338°W 29.61736°N 84.95926°W 29.6161583°N 84.9626638°W Apalachicola Bay Polygon 29.765272°N 84.6916361°W 29.77816°N 84.6669027°W 29.78695°N 84.674269°W 29.7721°N 84.695294°W Apalachicola River Polygon 29.7131027°N 84.99772°W 29.7120916°N 84.9744472°W 29.734772°N 84.9701027°W 29.731505°N 84.9846027°W Suwanee River Line 29.328483°N 83.167525°W 29.291116°N 83.1669694°W Suwanee River Line 29.291116°N, 83.1669694°W 29.2670194°N 83.0946805°W Lines (Points A and B) create a line marking the approximate mouth of the river. Projects on the marine side of the mouth of these rivers (i.e., areas under NMFS jurisdiction) must follow the migratory restrictions defined in this section. Polygons (Points A-D) create an area between the points marking restricted sections of a bay or pass. Projects in these defined areas must follow the migratory restriction requirements defined in this section. 28 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 29 North American Right Whale Education Sign Zones. These pages are extract from the National Marine Fisheries Services' Jacksonville District's Programmatic Biological Opinion (JAXBO) dated November 20, 2017. Table 3. North Atlantic Right Whale Educational Sign Zone Name Latitude Longitude Cumberland Sound 30.719564°N 81.449467°W Nassau Sound 30.516611°N 81.444278°W St. John's River 30.408053°N 81.399467°W St Augustine Inlet 29.918411°N 81.288117°W Matanzas Inlet 29.713831°N 81.227000°W Ponce Inlet 29.083056°N 80.916494°W Port Canaveral 28.409306°N 80.586689°W Sebastian Inlet 27.860833°N 80.446725°W Fort Pierce Inlet 27.471711°N 80.290378°W St. Lucie Inlet 27.165567°N 80.157236°W Jupiter Inlet 26.943950°N 80.070908°W Riviera Beach 26.772353°N 80.034508°W Figure 4. North Atlantic right whale educational sign zones. 32 Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 30 Atlantic Sturgeon Critical Habitat Exclusion Zone. 39274 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations [FR Doc. 2017–17207 Filed 8–16–17; 8:45 am] BILLING CODE 3510–22–C Department of the Army Permit State Programmatic General Permit (SPGP V-R1) Attachment 32 Self Certification Statement of Compliance. SELF-CERTIFICATION STATEMENT OF COMPLIANCE SPGP V-R1 Permit Number: _______________ Permittee’s Name & Address (please print or type):___________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Telephone Number: ____________________________________________________________ Location of the Work: ___________________________________________________________ ____________________________________________________________________________ Date Work Started: ____________________ Date Work Completed: ______________________ PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES ______ NO_______ TO SCHEDULE AN INSPECTION PLEASE CONTACT _______________________________ AT __________________________ Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.):________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Acreage or Square Feet of Impacts to Waters of the United States: ______________________ Describe Mitigation completed (if applicable): ________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Date