Item C12
'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: C.12
Agenda Item Summary #1535
BULK ITEM: DEPARTMENT:
Yes Project Management / Facilities
TIME APPROXIMATE:STAFF CONTACT:
Johnnie Yongue (305) 292-4429
N/A
AGENDA ITEM WORDING:
Approval of a contract with Seatech of the Florida Keys Inc. for
the Construction of the Repairs to the Little Torch State Road 4A Boat Ramp in the amount of
$112,525.00. This project is funded by the one cent infrastructure sales tax.
ITEM BACKGROUND:
A bid opening was held on March 9, 2016, for construction of the Little
Torch State Road 4A Boat Ramp Repairs. The lowest responsive bidder is Seatech of the Florida
Keys Inc. Seatech is substantially lower than other bidders, but has never failed to perform services
on Monroe County Projects. Seatech was also substantially lower than the other bidders for the
Harvey Government Center Painting and Repairs, but performed the project scope of work
successfully.
PREVIOUS RELEVANT BOCC ACTION:
On July 16, 2014, the BOCC approved a task order
with Keith and Schnars P.A. to design and permit boat ramp repairs for three county boat ramps,
including Little Torch State Road 4A ramp.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Tabulation_Sheet (1)
Signed Proposal SR 4A Little Torch Boat Ramp Repairs
Little Torch 100% Plan Set
042015_Monroe County-Little Torch_002&3(EX-EX)
2015-00971 PERMIT (MONROE COUNTY) Boat Ramp & Docks Repair
SR4A Little Torch Boat Ramp Repair Agreement
FINANCIAL IMPACT:
th
Effective Date: April 20, 2016
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th
Expiration Date: September 30, 2016
Total Dollar Value of Contract: 112,525.00
Total Cost to County: 112,525.00
Current Year Portion: 112,525.00
Budgeted:
Yes
Source of Funds: 304
CPI:
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount:
Grant:
No
County Match
: No
Insurance Required:
Yes
Additional Details:
04/20/16 304-23000 · PHYSICAL ENVIRONMENT $112,525.00
Contract for Construction of Repairs
STAFF RECOMMENDATION:
Staff Recommends Approval.
REVIEWED BY:
Doug Sposito Completed 04/08/2016 9:05 AM
Chris Ambrosio Completed 04/08/2016 9:07 AM
Budget and Finance Completed 04/12/2016 12:25 PM
Maria Slavik Completed 04/12/2016 1:40 PM
Kathy Peters Completed 04/12/2016 3:37 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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RICK SCOTT
FD
LORIDAEPARTMENTOF
GOVERNOR
EP
NVIRONMENTALROTECTION
CARLOS LOPEZ-CANTERA
South District Marathon Branch OfficeLT. GOVERNOR
2796 Overseas Hwy, Suite 221
Marathon, Florida 33050JONATHAN P. STEVERSON
SouthDistrict@dep.state.fl.us
SECRETARY
April20, 2015
Monroe County
500WhiteheadStreet
Key West, FL 33040
Yongue-Johnnie@monroecounty-fl.gov
File No. 44-0173335-002/003/MonroeCounty
DearMr. Yongue:
OnMarch 23, 2015, we received your request for verification of exemptionto perform the
following activities:
Repair an existing dock, in footprint, and boat ramp within a manmade canal, Class III
Waters,at State Road 4A,Little Torch Key,Section 28, Township 66South, Range 29
East, Monroe County.
Your requesthas been reviewed to determine whether it meets the requirementsfor twokinds of
authorization that may be necessary for work in wetlands or waters of the United States. The
kinds of authorization are (1) regulatory authorization and(2) proprietary authorization (related
to state-owned submerged lands). The authority for review and the outcomes of the reviews are
maynot
listed below. Please read each section carefully. Your project have qualified for both
forms of authorization. If your project did not qualify for bothauthorizations, refer to the specific
section dealing with that authorization for advice on how to obtain it.
1.Regulatory Review –VERIFIED
Based on the information submitted, the Department has verified that theactivity as proposed is
exemptunder Rule 62-330.051(5)(d) and (5)(e), Florida Administrative Code, from the need to
obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification will expire
after one year, and will not be valid at any other time if site conditions materially change, the
project design is modified, or the statutes or rules governing the exempt activity are
amended. However, the activity may still be conducted without further notification to or
verification from the Department after the one-year expiration of this verification, provided: 1)
the project design does not change; 2) site conditions do not materially change; and 3) there are
no changes to the statutes or rules governing the exempt activity.In the event you need to re-
verify the exempt status for the activity after the one-year expiration of this verification, a new
www.dep.state.fl.us
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application and verification fee will be required. Any substantial modifications to the project
design should be submitted to the Department for review, as changes may result in a permit
being required. Conditions of compliance with the regulatory exemption are contained in
Attachment A.
2.Authorization to use state-owned (sovereign) submerged lands –Not Required
The activity does not appear to be location on sovereign submerged lands, and does not require
further authorization under Chapter 253 of the Florida Statutes, or Chapters 18-20 or 18-21 of the
Florida Administrative Code.
Additional Information
This letter does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that may be required for the activity.
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to insure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be
final and effective until further order of the Department. Because the administrative hearingprocess is
designed to formulate final agency action, the filing of a petition means thatthe Department's final
action may be different from the position taken by it in this notice.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule
28-106.201, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency’s file or
identification number, if known;
(b)The name, address, any email address, any facsimile number, and telephone
number of the petitioner; the name, address, and telephone number of the petitioner’s
representative, if any, which shall be the address for service purposes during the course of the
proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected
by the agency determination;
Monroe County
FDEP File No.: 44-0173335-002/003
Page 2of 4
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(c) A statement of when and how the petitioner received notice of the agency
decision;
(d)A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency’s proposed action;
(f)A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency’s proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g)A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above
at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 14daysof receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S. must be filed within 14days of publication of the notice or within 14days of
receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however,
any person who has asked the Department for notice of agency action may file a petition within
14days of receipt of such notice, regardless of the date of publication.The failure to file a
petition within the appropriate time period shall constitute a waiver of that person's right to
request an administrative determination (hearing) under Sections 120.569and 120.57, F.S., or to
intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a
proceeding initiated by another party) will be only at the discretion of the presiding officer upon
the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request foran extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, before the applicable deadline for filing a petitionfor an administrative hearing. A timely
request for extension of time shall toll the running of the time period for filing a petition until the
request is acted upon.
Mediation
Monroe County
FDEP File No.: 44-0173335-002/003
Page 3of 4
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Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S.Requests for review before theLand and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when the order is filed with the Clerk of the
Department.
Judicial Review
Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by
filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate
Procedure, with the Clerk of the Department in the Office of General Counsel, 3900
Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of
the Notice of Appeal accompanied by the applicable filing fees with the appropriate District
Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is
filed with the Clerk of the Department.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program.
If you have any questions regarding this matter, please contact me at the letterhead
address, by telephone at (305) 289-7070, or by email at Bruce.Franck@dep.state.fl.us.
Executed in Monroe County,Florida.STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Sincerely,
Bruce Franck
Environmental Specialist III
Submerged Lands and
Environmental Resources Program
BF/edy
Enclosures:Section 62-330.051(5)(e) and (5)(d), F.A.C.
6drawings
cc:U.S. Army Corps of Engineers, Miami (electronically)
Keith and Schnars(electronically)
Monroe County
FDEP File No.: 44-0173335-002/003
Page 4of 4
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62-330.051 Exempt Activities.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work
(a) Installation or repair of pilings and dolphins associated with private docking facilities or piers that
are exempt under Section 403.813(1)(b), F.S.;
(b) Installation of private docks, piers, and recreational docking facilities, and installation of local
governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b), F.S. This
includes associated structures such as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of all structures located over wetlands and other surface waters does
not exceed the limitations in Section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials
other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a
minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in
length along theshoreline, in which case there may be one exempt dock allowed per parcel or lot.
(c) Construction of private docks of 1,000 square feet or less of over-water surface area in artificial
waters and residential canal systems in accordance with Section 403.813(1)(i), F.S.
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with
Section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-
functional within the last year by a discrete event, such as a storm, flood, accident, or fire.
(e) The construction and maintenance to design specifications of boat ramps in accordance with Section
403.813(1)(c), F.S., where navigational access to the proposed ramp currently exists:
1. In artificial waters and residential canal systems; or
2. In any wetland or other surface waters when the ramps are open to the public; and
3. The installation of docks associated with and adjoining boat ramps constructed as part of the above
ramps is limited to an area of 500 square feet or less over wetlands and other surface waters.
(f) The construction, installation, operation, or maintenance of floating vessel platforms or floating boat
lifts in accordance with Section 403.813(1)(s), F.S.
(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local
agencies, provided:
1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been
entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife
Conservation Commission;
2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or
filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster
beds, coral communities, mangroves, other wetlands, and live bottom; and
3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the
derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work.
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July 29, 2015
%88)28-323*
Regulatory Division
South Permits Branch
Miami Section
SAJ-2015-00971 (GP-GGM)
Monroe County
c/o Johnnie Yongue
1100 Simonton Street
Key West, FL 33040
Dear Applicant:
Your application for a Department of the Army permit received on March 30,
2015, has been assigned number SAJ-2015-00971. A review of the information and
drawings provided shows the project is for the rehabilitation of an existing boat ramp,
and accessory docks in the same footprint. Repairs consist of repair of the timber
decking of the two (2) existing marginal docks; repair of the cracks and spalls in the
concrete bent caps; installing new cleats, rubrails and bumpers on the two docks;
cutting groves into the boat ramp for slip resistance and placing 70 y³ of bubble riprap at
the side of the toe of the existing ramp to prevent trailer drop off. Temporarily turbidity
curtains will be deployed and will remain in place for the duration of all in-water
activities, in/over waters of the United States. Work is in U.S. navigable waters in
accordance with the enclosed site plans (6 pages). The project is l located at the corner
of State Road 4A and County Road within an existing public boat ramp and marginal
docks, immediately adjacent to a man-made canal, legally described as vacant
government land of Little Torch Key Park, Mates Beach No. 6, PB5-12; in Section 28,
Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida
33042.(MM± 28.3) (RE# 220841-000000).
Central Geographic Position: Latitude 24.675540° North
Longitude 81.394077° West
Your project, as depicted on the enclosed drawings date stamped July 29, 2015
by the Corps (6 pages), is authorized by Nationwide Permit
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addition, project specific conditions have been enclosed. This verification is valid until
1EVGL . Furthermore, if you commence or are under contract to commence
this activity before the date that the relevant nationwide permit is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this nationwide permit.
Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's
Regulatory Internet page to access Internet links to view the Final Nationwide Permits,
Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270 10290,
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the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012,
and the List of Regional Conditions. The Internet page address is:
http://www.saj.usace.army.mil/Missions/Regulatory.aspx
Please be aware this Internet address is case sensitive and should be entered as
authorization, the Nationwide Permit general conditions, and the regional conditions,
which apply specifically to this verification for NWP 3. Enclosed is a list of the six
General Conditions, which apply to all Department of the Army authorizations. You
must comply with all of the special and general conditions and any project specific
condition of this authorization or you may be subject to enforcement action. In the event
you have not completed construction of your project within the specified time limit, a
separate application or re-verification may be required.
The following special conditions are included with this verification:
1. 6ITSVXMRK%HHVIWW The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special conditions
of this permit to the following address:
a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special
Projects and Enforcement Branch, 9900 Southwest 107th Avenue, Suite 203, Miami,
Florida 33176.
b. For electronic mail CESAJ-ComplyDocs@usace.army.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ-2015-00971 (NW-3-GGM), on
all submittals.
2. 7IPJ'IVXMJMGEXMSR Within 60 days of completion of the authorized work or at
the expiration of the construction authorization of this permit, whichever occurs first, the
Per-orm
(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, on the Self-
Certification Form, the deviations between the work authorized by this permit and the
work as constructed. Please note that the description of any deviations on the Self-
Certification Form does not constitute approval of any deviations by the Corps.
3. 'SQQIRGIQIRX2SXMGI Within ten (10) days from the date of initiating the
authorized work, the Permittee shall provide to the Corps a written notification of the
date of commencement of work authorized by this permit.
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4.%WWYVERGISJ2EZMKEXMSRERH1EMRXIRERGI: 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 Corps of Engineers,
to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
5. 1EREXII'SRHMXMSRW The Permittee shall abide by the enclosed
standard construction conditions designed to protect the endangered West
Indian Manatee, 2011.
6. 8YVFMHMX]&EVVMIVW Prior to the initiation of any of the work authorized by
this permit, the Permittee shall install floating turbidity barriers with weighted skirts
that extend to within one foot of the bottom around all work areas that are in, or
adjacent to, surface waters. The turbidity barriers shall remain in place and be
maintained until the authorized work has been completed and all erodible materials
have been stabilized.
7. 4SWXMRKSJ4IVQMX The Permittee shall ensure that all contractors, sub-
contractors, and entities associated with the implementation of the project review,
understand, and comply with the approved plans and special conditions made part of
this permit. The Permittee shall inform all parties associated with the activity of the
construction area boundaries, and the location of adjacent submerged aquatic
resources (SAR) (i.e. Mangroves) to be avoided. Complete copies of the permit and
approved plans shall be available at the construction site at all times. Failure to comply
with the approved plans and permit special conditions may subject the Permittee to
enforcement action.
8. 6IKYPEXSV]%KIRG]'LERKIW Should any other regulatory agency require
changes to the work authorized or obligated by this permit, the Permittee is advised that
a modification of this permit may be required prior to initiation of those changes. It is the
to request a modification from the Miami Regulatory Office.
9. ,MWXSVMG4VSTIVXMIW:
a. No structure or work shall adversely affect impact or disturb properties listed in the
National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the permit
area, there are archaeological/cultural materials encountered which were not the
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subject of a previous cultural resources assessment survey (and which shall include,
but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics,
stone tools or metal implements, dugout canoes, evidence of structures or any other
physical remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all work and
ground-disturbing activities within a 100-meter diameter of the discovery and notify the
Corps within the same business day (8 hours). The Corps shall then notify the Florida
State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic
Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise
appropriate actions.
c. Additional cultural resources assessments may be required of the permit area in
the case of unanticipated discoveries as referenced in accordance with the above
Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in
accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume on non-federal lands without written
authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.
d. In the unlikely event that unmarked human remains are identified on non-federal
lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work
and ground disturbing activities within a 100-meter diameter of the unmarked human
remains shall immediately cease and the Permittee shall immediately notify the medical
examiner, Corps, and State Archeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume without written authorization from the
State Archeologist and from the Corps.
10)VSWMSR'SRXVSP Prior to the initiation of any work authorized by this permit,
the Permittee shall install erosion control measures along the perimeter of all work
areas to prevent the displacement of fill material outside the work area. Immediately
after completion of the final grading of the land surface, all slopes, land surfaces, and
filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of
similar stabilizing materials to prevent erosion. The erosion control measures shall
remain in place and be maintained until all authorized work has been completed and the
site has been stabilized.
TLEWI
E
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11.*MPP1EXIVMEP The Permittee shall use only clean fill material/riprap boulders
for this project. The material shall be free from items such as trash, debris,
automotive parts, asphalt, construction materials, concrete block with exposed
reinforcement bars, and soils contaminated with any toxic substance, in toxic
amounts in accordance with Section 307 of the Clean Water Act.
12. &IWX1EREKIQIRX4VEGXMGI
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Environmental controls and BMP must
be implemented to properly contain construction materials and prevent fugitive
particulates from entering surrounding waters during the repairs to the existing seawall.
state-listed fish of wildlife species. These species are protected under sec. 379.411,
Florida Statues, and listed under Rule 68A-27, Florida Administrative Code. With regard
to fish and wildlife species designated as species of special concern or threatened by
the State of Florida, you are responsible for coordinating directly with the Florida Fish
and Wildlife Conservation Commission (FWC). Permittees can visit the FWC license
and permitting webpage (http://ww.myfwc.com/license/wildlife/) for more information,
including a list of those fish and wildlife species designated as species of special
concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also
maintains updates lists, by country, of documented occurrences of those species.
If you are unable to access the internet or require a hardcopy of any of the
conditions, limitations, or expiration date for the above referenced GP, please contact
Gletys Guardia-Montoya by telephone at 305-526-2515 or by email at Gletys.Guardia-
Montoya@usace.army.mil.
Thank you for your cooperation with our permit program. The Corps Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to take a few minutes to visit
http://per2.nwp.usace.army.mil/survey.html and complete our automated Customer
Service Survey. Your input is appreciated favorable or otherwise. Again, please be
aware this web address is case sensitive and should be entered as it appears above.
Sincerely,
(MKMXEPP]WMKRIHF]+9%6(-%13283=%+0)8=7
(2 G!97S!97+SZIVRQIRXSY!(S(SY!4/-SY!97%
GR!+9%6(-%13283=%+0)8=7
Gletys Guardia-Montoya
Project Manager
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Enclosures:
General Conditions
Self-Certification Statement of Compliance
Permit Transfer Request
ated by the Corps July 29, 2015
Site plans d
Pre-Jurisdictional Determination dated July 29, 2015
FWS Standard Manatee Conditions for In-Water Work (2011)
Copies Furnished via e-mail:
Applicant: Monroe County
Johnnie Yongue (via e-mail)
Yongue_Johnnie@MonroeCounty-FL.com
Victor Neugebauer
vneugebauer@ksfla.com
Rob McMullen
rmcmullen@ksfla.com
CESAJ-RD-PE
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GENERAL CONDITIONS
33 CFR PART 320-330
PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986
1. The time limit for completing the work authorized ends on HEXIMHIRXMJMIHMRXLI
PIXXIV. If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a 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.
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___________________________________________________________________
___________________________________________________________________
Telephone Number:___________________________________________________
Location of the Work:___________________________________________________________
_____________________________________________________________________________
Date Work Started:______________ Date Work Completed:______________
4634)68=-7-2%'')77-&0);-8,39846-36238-*-'%8-32 =)7CCCC23CCC
40)%7)'328%'8CCCCCCCCCCCCCCCCCCCCCCCCCCCC%8CCCCCCCCCCCCCCCCCCCCCCCCCCCC
837',)(90)%2-274)'8-32
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
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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.
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
86%27*)6))7-+2%896)
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CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
(%8)
038
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CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
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CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
'-8=78%8)>-4'3()
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78%2(%6(1%2%8))'32(-8-327*36-2;%8)6;36/
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall 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.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on-site project personnel are responsible for observing water-related activities for the presence
of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (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
f. 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.
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RIVERS AND HARBORS ACT SECTION 10 DETERMINATION OF JURISDICTION
Project Name: Boat Ramp & Doks Repair.
2015
Action ID: SAJ- -00971
Applicant: Monroe County-Little Torch Key Boat Ramp
There arenavigable waters of the U.S. within Rivers and
Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329)
in the review area.
Waterbody: Residential Canal Tributary to the Gulf of Mexico.
Waters have been determined to be navigable because:
Navigation Study
Judicial interpretation in a Federal court of law
Waters subject to the ebb and flow of the tide
Waters are presently used, or have been used in the past,
or may be susceptible for use to transport interstate or foreign
TNW.
Explain
commerce. : By Definition The Gulf of Mexico is a
Project Manager: Gletys Guardia-Montoya
Date: July 29, 2015
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