Okaloosa County BOCC — January 21, 2014 — I - USCOE Dredge & Fill Permit — reading text

JACKSONVILLE DISTRICT CORPS OF ENGINEERS PENSACOLA REGULATORY OFFICE 41 NORTH JEFFERSON STREET, SUITE 301 PENSACOLA, FL 32502 REPLY TO ATTENTION OF Regulatory Division June 8,2011 North Permits Branch SAJ-2002-2330 (IP-MBH) MODIFICATION #2 Destin West Marina, LLC clo Fred E. Tolbert, III 1500 Miracle Strip Parkway SE Fort Walton Beach, FL 32548 Dear Mr. Tolbert: The U.S. Army Corps of Engineers has completed the review and evaluation of your modification request received May 16, 2011 , in which you asked to revise the plans authorized by Department of the Army permit number SAJ-2002-2330, for the construction of a commercial marina consisting of 89 permanent slips and 10 to 13 transient slips, for temporary mooring, with two breakwater structures located on the east and north portions of the facility, and two sewage pumpout facilities, dated July 10, 2006. The Corps issued a modification to the permit on November 5,2009. The modification revised the project to the construction of a multi-family dock consisting of 25 permanent slips, 56 mooring pilings, two transient slips, a 326' wave fence installed around the boatslips on the north portion of the facility, and two sewage pumpout facilities . The project is located on the north side of Highway 98 between Seagull Restaurant and Hermitage Crossing in Fort Walton Beach, Section 00, Township 2 South, Range 24 West, Okaloosa County, Florida. The proposed modification is for the construction of a multi-family dock consisting of 25 permanent slips, 56 mooring pilings, four transient slips, a 6' by 4' stairway attached to an existing seawall , and a 322' wave fence installed around the boatslips on the north portion of the facility. In addition, the proposed modification is to extend the expiration date to complete your proposed project. The modification must be completed in accordance with the 12 enclosed construction drawings, and the special conditions, which are incorporated in, and made a part of the permit. Special Conditions: 1. All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Pensacola Regulatory Office, Enforcement Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida 32502 . The Permittee shall reference this permit number, SAJ-2002-2330 (IP-MBH), on all submittals. 2. Within 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. 3. Immediately upon completion of the activity authorized, the Permittee shall complete the attached "Self-Certification Statement of Compliance" form and submit the form to the Corps. In the event that the completed work deviates, in any manner, from the authorized work, the , , -2- Permittee shall describe, on the Self-Certification Form, the deviations between the work authorized by the 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. 4. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure 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. The Permittee shall follow the enclosed standard manatee construction precautions and manatee special conditions. 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 can not 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 FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. , ' " -3- 6. Best management practices shall be used at all times during the permitted activities to minimize turbidity. Methods for controlling turbidity shall include, but not be limited to the use of floating turbidity curtains. Prior to initiating the permitted activity, floating turbidity curtains shall encircle the permit area and shall be maintained for the duration of the permitted activities. 7. No building or fill materials, tools or other equipment shall be stockpiled within waters of the United States. 8. All contractors involved in this permitted activity shall be provided copies of this permit in its entirety. A copy shall remain on site at all times during construction. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination/decision, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331 . Enclosed you will find a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination/decision, you must submit a completed RFA form to the South Atlantic Division Office at the following address: Mr. Jason Steele South Atlantic Division U.S. Army Corps of Engineers CESAD-CM-CO-R, Room 9M15 60 Forsyth St., SW. Atlanta, Georgia 30303-8801 . Mr. Steele can be reached by telephone number at 404-562-5137, or by facsimile at 404-562- 5138. . In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete , that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by August 7, 2011. It is not necessary to submit an RFA form to the Division office, if you do not object to the determination/decision in this letter. The impact of your proposal on navigation and the environment have been reviewed and found to be insignificant. The permit is hereby modified in accordance with your request, and the permit is hereby extended for an additional one year. Therefore, all work should be completed on or before July 10, 2012. You should attach this letter to the permit. All other conditions of the permit remain in full force and effect. If you have any questions concerning permit modification, please contact the project manager, Mary Hartshorn, at the letterhead address, by telephone at 850-433-3510 or by electronic mail at mary.b.hartshorn@usace.army.mil. · ' -4- 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 the following link and complete our automated Customer Service Survey: http://per2.nwp.usace.army.millsurvey.html. Your input is appreciated - favorable or otherwise. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~~-.:~ / } / Alfred A. Pantano, Jr. {7 Colonel, U.S. Army District Commander Enclosure: Permit Drawings Request for Appeals form Copy/ies Furnished: MRD Associates, Inc. CESAJ-RD-PE  INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: ffyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. ff you received a Letter ofPermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the