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HomeMy WebLinkAboutARMY CORP ENGINEERS PAPERWORK PACKETTDEPARTMENT.OF THE- ARMY- JACKSONVILLE DISTRICT CORPS"OF"ENGINEERS -2- ou have not completed construction of our project within the specified time limit, a Y I p Y p J p separate application or re -verification may be required. The following special conditions are included with this verification: 1. Self -Certification Statement of Compliance: Within 60 days of completion of the work authorized, the enclosed "Self -Certification Statement of Compliance" (Attachment B) must be completed and submitted to the U.S. Army Corps of Engineers. Email the completed form to: SAJ-RD- Enforcement@usace.army. miI or mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410. 2. Cultural Resources/Historic Properties: 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 j the permit area, there are archaeological/cultural materials encountered which were not the 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 -3- 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. 3. Project Design Criteria (PDCs) for In -Water Activities: The Permittee shall comply with National Marine Fisheries Service's "PDCs for In -Water Activities" dated November 20, 2017 (Attachment C). 4. Daylight Hours: All activities must be completed during daylight hours. 5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment D). 6. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 7. Fill Material: The Permittee shall use only clean fill material for this project. The fill 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 In amounts in accordance with Section 307 of the Clean Water Act. 8. Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated August 12, 2013, as provided in Attachment C of this permit. All gopher tortoise burrows, active or inactive, shall be evacuated prior to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a Florida Fish and Wildlife Conservation Commission (FWC) Authorized Gopher Tortoise Agent permit. The excavation method selected shall minimize the potential for injury of an indigo snake. The Permittee. shall follow -the excavation guidance provided in the most current FWC Gopher Tortoise Permitting Guidelines found at http://myfwc.com/gophertortoise. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work. I This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. you are unable to access the internet or require a hardcopy of any of the conditions, ations, or expiration date for the above referenced NWP, please contact Trey Fraley 4ephone at 561-472-3526. lank you for your cooperation with our permit program. The Corps' Jacksonville •ict Regulatory Division is committed to improving service to our customers. We to perform our duty in a friendly and timely manner while working to preserve our ,onment. We invite you to complete our automated Customer Service Survey at //corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware nternet address is case sensitive; and, you will need to enter it exactly as it :ars above. Your input is appreciated — favorable or otherwise. Sincerely, -5- Trey Fraley Project Manager Enclosures Attachment A: Drawings Attachment B: Self -Certification Attachment C: JaxBO PDC's for In -water Activities Attachment D: Standard Manatee Conditions for In -Water Work — 2011 Copies Furnished: Danna Small, US Environmental 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 date identified in the letter. 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 i,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 lis ing 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 representative 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. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2018-02577(NWP-RHF) 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 Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) :construction .equipment:and :shall.not-resume:until.--the species: has- departed:- the area of its owri - lition: - 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 -150ft. -- ii) Ngrth. Atlantic right whale:. Maintain �a midimurn-1;500-ff disfarice. (500. yards):. ii-i)-:Vessels:65 ftAn:lengfh:or longer:must:comply:with-the'Right W.hale-Sh p_Strike :. Reduction -Rule: (50: CFR 224:1.05) which includes: reducing speeds :to 10. : knots or less in Seasonal Management Areas . - (http:://Www.fisheries.noaa:gov/pr/shipstrike[). . iv). Mariners. -shall. check.vario.us"communication media for'general-information regarding avoidingship-strikes:andapecific information -regarding right whale sightings: in the -area: These:includeMAA: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 ahe: vessel..is:und.enivay .(e,g:; :bow= rid.ing); attempt:to remain. parallel.toahe anirrial's cbur 'e, Av6..id: excessive : . speed _or -abrupt changes: in:direction" . iiritil they.fiave leftthe.area: .... ..... . . VOReduce speed-to:10..knots'.or-less.wheri.. mother/calf:pair-s or-groups.of marine. -..: mammals- are .observed, when safety -permits:... .. . .. .. . ... . -4) (APA0.) Turbidity.Control Measures during.Construction::Turbidity must -be monitored and. controlled.-Prior:to initiating any.of the=work-covered under this Opinion,-the.-Perm.ittee shall install turb.idity.curtains as-described:below:-In-some. _ instances-,-the.use of:turbidity-curtains may'be.waived.-by the -.USAGE project . `. manager if:the:project is -deemed foo.-minim.al:to-generate: turbidity (e:g.; certain :. AT -ON -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-adjacentao;aurface waters: . -b):`.Use these turbidity-.barriers.thro0 h ' ut coristru.-tion-to contr-I-erosion.arid siltation:and.ensure.that.turbidity-levels :within the.project. area do not exceed . ..... ... .. .. - .. c Position Webidit barriers in a wa that doe ' ).. Y. V. .: - .... s: not block entry: to or.exit:.: f-dm-designated:critical habitat.: - d):`-Moriitor.and-maintain turbid4 barriers`in place.until`.the authorized workfias. `. been completed and ahe water -qua lity in .the project area. has :refurned to:. = -. back -found -bond itions:-: -:: - -e) In -the range of:ESA-listed corals (St: Lucielnlet,:Martin County south to --the Dry Tortugas' and: the. tJ:S - Caribbean) and Johnson's seagrass (Turkey Creek/Palm Bay.south to central Biscayne Bay in the- lagoonsystems on-the:east coast of. STANDARD .MANATEE -CONDITIONS -FOR=IN-WATER. WORK ... STANDARD :PROTECTION: MEASURES: FOR THE: EASTERN. INDIGO -SNAKE U:S. Fish'and Wildlife Service a August, 12,. 2013 The eastern-indigo-snake:protection/education plan .(Plan): below has beendeveloped by.the U.S.: Fish and -Wildlife Service. (USFWS) in Florida for use:by- applicants and their -construction: npersonel., At leas30days=priortoanyclearig/fand-altration actvities, the applicant shall -.n notify the appropriate USFWS:Field Office via e-mail=that-the-Plan. will. be, implemented:as- .described-below (North Florida.Field Office:. jaxregs(d,fws.gov;-South-Florida Field Office:. - verobeach(a,fws: -ov; :Panania..City Field Office: panamacityOa,fws.g_ov) As long.as. the signatory of the e=mail certifies compliance .with the .below Plari :(including use: of the attached _poster and: brochure), no further written confirmation of. "approval" _from the'USFWS is needed.and_ the applicant -may move forward'with.the:project: If -the applicant.decides to use. -an easternindigo snake-protection/education plan .other than the approved Plan below; written confirmation or "approval": from .the.USFWS that the plan is _ . adequate must be' -obtained. At least 30 days -prior to any clearing/land alteration activities; the -. - applicant -shall submit their- unique plan for:review and :approval: The USFWS will respond.via e=- mail, .typically within. 3.0. days ofreceiving.the.plari; .either concurring that the.plan. is. adequate or requesting:add:ition. information. A concurrence e-mail from the appropriate USFW3:Field= Office : will : fulfill -approval -requirements:. The Plan:materials should :consist-of.I) a_combination-of posters and'pamphlets (see Poster. . Information section.below); and -2). verbal --educational instructions to construction personnel.by . . supervisory or: management personnel before any clearing/land alteration. -activities are:initiateCd. - (see: Pre -Construction--A -arid-During Construction Activities: sections below). -POSTER INFORMATION ... Posters. with the fohoyving information: shall -be: placed: at strategic.locatioris on the construction.: site and along anyproposed:access roads:(a:final poster. -for Plan:compliance-, .to be printed:on:11 x 17",onamlanateds attached):.: .'eastern - DESCRIPTION: The eastern -indigo .snake -is -one of the .largest non -venomous snakes in.North America; with:ind.ividual-s often reaching up :to- 8' feet in length. They den i o: their iiame -from- the: glossy; blue -black color of -their scales above and uniformly. slate :blue -below -Frequently; _they. - liave orange to coralreddish coloraiion-in-the throat.area-, yetsome specimens have been reported - to. -only have. cream, coloration. on the.throat. -These snakes are hot-typicaliy aggressive .and. will attempt tocrawl away -when. disturbed: Thoiigh-.indigo snakes rarely.bite; they should NOT- be handled..: SIMILAR SNAKES: The.black racer= is the.only other, -solid-black snake resembling the eastern indigo.snake. However;, black. raeershave a'white.or.-cream:chin; thirinerbodies;:andWILL:BITE if'handled. LIFE HISTORY: The.eastern indigo snake occurs n a wide:variety of terrestrial habitat types `throughout Florida: Although they. Have a -preference for uplands; tliey.also utilize some wetlands . ... ..... ... .... ..... - 1. . 1 a d agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise b�rrows and other below- and above -ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. PROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. IFS YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: Cease clearing activities and allow the live eastern indigo snake sufficient time to move away from the site without interference; Personnel must NOT attempt to touch or handle snake due to protected status. Take photographs of the snake, if possible, for identification and documentation purposes. Immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. Take photographs of the snake, if possible, for identification and documentation purposes. Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. Telephone numbers of USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office — (772) 562-3909 2 PRE -CONSTRUCTION ACTIVITIES I 1. The applicant or designated agent will post educational posters in the construction office and throughout the construction site, including any access roads. The posters must be clearly visible to all construction staff. A sample poster is attached. 2. Prior to the onset of construction activities, the applicant/designated agent will conduct a meeting with all construction staff (annually for multi -year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational brochure including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to make available in the onsite construction office (a final brochure for Plan compliance, to be printed double -sided on 8.5" x 11" paper and then properly folded, is attached). Photos of eastern indigo snakes may be accessed on USFWS and/or FWC websites. 3. Construction staff will be informed that in the event that an eastern indigo snake (live or dead) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Field Office. The contact information for the USFWS is provided on the referenced posters and brochures. DURING CONSTRUCTION ACTIVITIES 1;L During initial site clearing activities, an onsite observer may be utilized to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example: discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows). 2. If an eastern indigo snake is discovered during gopher tortoise relocation activities (i.e. burrow excavation), the USFWS shall be contacted within one business day to obtain further guidance which may result in further project consultation. I Periodically during construction activities, the applicant's designated agent should visit the project area to observe the condition of the posters and Plan materials, and replace them as needed. Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen. POST CONSTRUCTION ACTIVITIES Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion. The report can be sent electronically to the appropriate USFWS e-mail address listed on page one of this Plan. 16 A'LL IF YOU S" YU The eastern-indigo_snake_sE PT •INDIGO :SNAKE -ON. THE: SITE:. . ".. " ." . 'INDIGO'SNAKE .ON THE'SITE:: '; : one of the largest non-venomous'snakes iri• North :' :. :: • :. .• :: rice, with Ame iridiuiduals, often' reaching up to' 8 Cease- clearing activities and allow : Gease`clearing activities arid: :.' . :•"' feet in length., They derive: their. name •from the . :." the eastern: indigo snake sufficient . :. immediately notify supervisor or the glossy,:blue=black color: of their scales. above: and time to; move: away from .the' site :.' :applicant ! s: designated •agent; and the uniformly slate blue.below: 'Frequently; they. .:': ... " ;without interference: � ': appropria e ilSFWS office; with the :.have; orange. to coral:reddish coloration' in the . •.. . Personnel.must:NOT attempt to..:: location,information.arid condition.of . , • throat. area,. ont:s me speciin reported t •' � • ly.have, • cam coloration on the •. totich.or:ha1'e gnake-due to .' .• • ', , :Ihe.sriake:. , ' :: ' thrba t: These snakes are'nof typically aggressive '. protected status; . :: :' .: ' .::: ;' " •'' ;• :Take photographs o f the. snake;: if. .. , :. ; and will: attempt:Eo crawl away when'disturbed..: :. Take photographs ofthe snake,:if:. ', .:.possible; for.identification and ...' : ': ::.-Though snakes rarely,bite, theyshould • :. ' :possible, .for identif cation'and.` :.' .:".:' : :. '.:documentation purposes, `. '. ; .: : :: NOT".be Handled: ,documentation purposes.:.. •.'. Thoroughlysoak the:deads ake in. : :: • ' :: • ' • ..Iinmediatol0iotify supervisor ozahe „ ..'.: water and then'freeze the;spec men: :: The black race' is the . . • ' . :. SIMILAR• SNAKES:• . applicant. s. designated: agent;, grid the : ', ' . ' . '..: , ::The, a ropriate.wildlife agency will_ . ; pp ::.only, other solid black. snake. resemblirig•the . : • :appropriate U.S.• Fish and• Wildlife:' ..:. . ' retrieve the "dead :' eastern 'indigo snake.:.11 ver;•black•racers :. . ... Service (tJ.SPWS) office,. with .the ."' • • •snake.: • : .. . '• ' .." : . • .' ' ',' . :. ave.a white or.cream•chin; thinner bodies;.and.':: location n%rmation.and condition..of :..USFWS:Florida Field: Of e6s:to•be,, . WILL BITE if handled: :: • ' :: the• snake.. : 'contacted if a live or: dead eastern :indi o . g .. : LIFE. HISTORY The eastern indigo§hake . ;If the snake•is:located, in a vicinity. d; " : ,"'snake is encountereccurs -in 9'*idd variety: oft rrestrial habitat' where :continuation Of the "clearing :or • � � types, throughout Florid Although they have a• � •' • . • . :. : construction act ivitie's Will• cause :. ', :::. • 1Vorth :Florida- ES. Office -. (904), 731: 3336' preference .for iiplanda; they also utilize some ::harm to4hesnake,ahe activities must . :. Panama City. ES Office - (850)-76M552 - Wetlands and: agricultural axe as..-Eastern•indigo .: . Halt until; such time .that a , ..::::: ' ..::' "...::S.outh .Florida. ES Office - '772 562=3.9.09:::. C ). :.: snakes will often' seek shelter inside :gopher, . :." representative of the' USFWS returns'. .:: :'. tortoise;burrows..arid• other;below- and'above- the .call (within one day) with :further ;. ::. ground.refugia, such as other.animal .burrows;' . . :guidance as,to wlien..activities may' : stumps, roots; and debris piles.;Females:may lay ' resume.:: from.4.-.12:White .eggs.as:early as:April.thiough':;: •' , : : , ' : • . ' :.. une, .with young •hatching in late' July through . . ' Killing; harming; -or harassing indigo : , • :.. snakes is strictlypewiibited and.' punishable: under State.-aad Eederitlaw: Only individuals: currently authorized . • : _ . through an issued In'cidentallake Statement: in association :with•'a tJSFWS Biological..':.• Opinion;•.ofhy a'Sectiori •10(a)(1).(A).perinit issued by the USFWS' .to handle an :eastern indigo snake. are:allowed.to do. so,- .. LEGAL, STATUS':.• - The- eastern, indigo- :::.... ... .snake is elassif ed,.as: a Tlireatened• species by -both the, USFWS.-and.the Florida Fish and. Wildlife .Conservation 'Commission. : "Taking" :of eastern indigo snakes. is :::: .:: • : : : ; prohibited by the .Eridarigered.Species Act Without a:perniit:. "•Take"; is defined by the: USFWS:•as' an attempt to kill,. harm, harass; :: : ':• .:: :. ::: '.pursue;'hunt;,slioat; wound;.trap;.capture, . collect; or.engage in. any'sueh�cortduct:.• � .. .:: .. . Penalties include a maximum. fine - of :.: . $25';000.for oivil violations :and' '' ' ,to. .. '$5Q,000;and/or imprisorimerit:for criminal .• •: •• .. SM-2-1 offensesifconvicted: :• .. -2- 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. Self -Certification Statement of Compliance: Within 60 days of completion of the work authorized, the enclosed "Self -Certification Statement of Compliance" (Attachment B) must be completed and submitted to the U.S. Army Corps of Engineers. Email the completed form to: SAJ-RD- Enforcement@usace.army.mil or mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410. 2. Cultural Resources/Historic Properties: 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 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 -3- 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. 3. Project Design Criteria (PDCs) for In -Water Activities: The Permittee shall comply with National Marine Fisheries Service's `PDCs for In -Water Activities" dated November 20, 2017 (Attachment C). 4. Daylight Hours: All activities must be completed during daylight hours. 5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment D). 6. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 7. Fill Material: The Permittee shall use only clean'fill material for this project. The fill 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 me amounts in accordance with Section 307 of the Clean Water Act. 8. Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated August 12, 2013, as provided in Attachment C of this permit. All gopher tortoise burrows, active or inactive, shall be evacuated prior to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a Florida Fish and Wildlife Conservation Commission (FWC) Authorized Gopher Tortoise Agent permit. The excavation method selected shall minimize the potential for injury of an indigo snake. The Permittee shall follow the excavation guidance provided in the most current FWC Gopher Tortoise Permitting Guidelines found at http://myfwc.com/gophertortoise. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located inl a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. 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 NWP, please contact Trey Fraley by telephone at 561-472-3526. 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 complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, -5- 4�14.Iay Trey Fraley Project Manager Enclosures Attachment A: Drawings Attachment B: Self -Certification Attachment C: JaxBO PDC's for In -water Activities Attachment D: Standard Manatee Conditions for In -Water Work — 2011 Copies Furnished: Danna Small, DLS Environmental GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 I 1. The time limit for completing the work authorized ends on date identified in the letter. 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 representative 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. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2018-02577(NWP-RHF) When the structures or work authorized by this permit are still in existence at the time e property is transferred, the terms and conditions of this permit will continue to be riding on the new owner(s) of the property. Although the construction period for works ithorized by Department of the Army permits is finite the permit itself, with its nitations. 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 Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (M' AILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) construction equipment -and shall not resume:until: fhe species: has- departed: ; :.the area of its own volition:: - ... :.. . iv). If the detection-.of:species is.not possible .durin,g.certainveather conditions :. .(e.g.,fog, .rain,:wind), Then in=vuater:operations will cease unfit -weather. �I- conditions..improve:and.detection is: again feasible.: b) `All Vessels: ...... ... . . i):. Sea,. IVlaintain. a minimum: diista_ noe of l50 ft. -ii) . North. Atic rhtic right whale:-Mairitain a minimurri.1-50M*-distance (500. yartls):. .. 4.:: :iii) :Vessels:65:ft in lengfli or loriger:must:comply: with the Right UUha.Ie Ship :Strike - Reduction :Rule (50: CFR'224:1.05) .which includes: reducing speeds :toA 0 knots -knots in`Seasonal-M inagement Areas:.:' I .. . .. http:%/www.fisheries:noaa.:gov/pr/shipstrike% . - - _ iv). Mariners.,hall-check.various-corrimunication.media for'general. information _ - re ardin -avoidin shi _strikes ands .ecific inforrriation re ardin ri ht whale 9- 9 9 ..p ... p.. g. 9. g - sightings: in the: TheseJnclude:NOAA weather:radio; USCG: NAVTEX: _- - broadcasts; and Notices to .Mariners....::. .: = . ..... ..... ..... .. ..... ..... ..... v) _ Marine.mammals:_(i:e:, dolphins; whales.-[other-than:North Atlantic. right: whales],'.and .Oorpoises):.Maintain a minimum distance -of .300 ft: vi) When:these:animals a.reaighted whilealie.vessel..is:und.erway :(e,g:,:bow :riding); attempt:to- remain parallel-to:th*e animal's :course: --Avoid: excessive :: = = speed or abrupt changesi:n direction. until they.have_left the.area: vii) Reduce speed to :1:0..knots.or less.when. m-o.ther/.calf.=pairs or groups. of marine... mariimals are -observed,-when safety permits:. _ _: . .. - .: . A AP:10. Turbidit --Control-Measures during -Construction: Turbidity must be �- monitored and.controlled. PH r:to j "itiating:any-of"the work- covered uncle -this .1:..Opinion, -the-_Perm.ittee shall install -turbidity-curtains as.described below:.ln s.onie. .. ins tances;-�the.use'of.turbidity-curtains.may-be.*Wcaived.*bi .the fJSACE project : . ... manager if. the' -:project is deemed _too. minimal:to generate: turbidity (e:g.; certain ATON Anstallation.-.scientific survey:device placement- marine debris removal) or:if the current. is too strong for the curtains: to stay.in place.: Turbidity curtains _ . _ . specifications:. :Install::floating-turbid.ity:barriersVith:Weighted:skirts thafe'xtend'to:within.1: ft of.. the: bottom.-ound-.al,l work -areas that are- in,-:or-adjacent.to,-surface waters: b) .Use these turbidity'barrierS.throughout.construbtion-•to:control-erosion.and siltation and.ensure.that- turbidity .levels within the project area do not.exceed 'background.conditions:. _)_:Poition:bidt-beawathat does:not blck:spcies' entry: to or:exitcsturyan o: . from- designated: critical habitat.:- _d) .Monitor.and maintain�turbid ty kiarriers in place.until-�the authorized_ work:has. - . `. f- been :completed and ;the water- quality -.in :the project area.hasreturned to -.= background conditions... . . :. e)::In-the range of:ES4mlisted: corals .(St: -Lucie Inlet;-:Mortin County:south to:the Dry: Tortugas: and: the:O.& Caribbean) -and Johnson's seagr-ass (Turkey Creek/Palrn . . . --- --- - - STANDARD :PROTECTION: MEASURE_ S: FOR THE: EASTERN -INDIGO SNAKE U:S: Fish and Wildlife: Service :. -August-12,. 2013 :.. The eastern :indigo snake:protectiori/educationplan (Plan):below l�as:been developed by-tlie LT;S; Fish and -Wildlife Service: (USFWS) in_Florida for use:by applicants and :theirconstruction personnel. At least 30 days pri' rto any. clearing/land alteration activities, -the :applicant shall : =.= notify the appropriate-USFWS:Field Off ce via:e mail that the :Plan will be iinplemented,as . ..describedbelow(NorthFlonda.Field_Officerjakre s(ag;fws.goy;South-Florida.FieldOffice:' verobeach@fW"s: Gov; Ranania,City Field -Office.. panainacity@t� s. ov).:As :long_as. the'signatory of the e=mail certifies compliance with the :below Plan :(including use. of: the attached -poster and brochure); no further written confirmationi or "approval"from the USFWS is needed -and the applicant -may move forward with the project. Ifthe applicant.decides -to' u§e. an -eastern indigo --snake :protectiori/education plan -.other than the - approved -Plan below; wiitten:confirmation or "approval".from -the :USFWS that:the:plan-is -adequate must be obtained.. At least 30 days: prior to any clearing/land alteration -activities,-the , . applicant.shall submit their- unique plan for review and approval: The USFWS will.respond .via e= mail; .typically within 30-days of receiving..the plan;.either-concurring that the -plan. is. adequate or requesting additional information. A concurrence e=mail from the appropriate LTSFWS:Field Office:w:ill:fulfill approval.requirements:. The Plan:materials should _consist -of -1) a combination of posters and pamphlets (see Poster. Iformationsection.below); and 2): verbal._educational instructions to construction personnel. by . supervisory or: management personnel before- any'clearing/land alteration. activities -are initiated. . (see: Pre -Construction: Activities and -During Construction Activities: sections below). POSTER -INFORMATION Posters: with the following.inforniation shall.be: placed: at strategic .locations on the construction. - s#e and:along:any.proposed:access roads :(a:fnalposter:for:Plan:compliance,. to be printed:on: 1 1": x l 17" or .larger paper and' laminated; is- attached):. DESCRIPTION: The easterri.indigo-snake is .one of the .largest -non venomous snakes in.North America; :with: individuals often reaching up. to: 8 -feet in Iength. They -derive: their name from the: glossy, blue -black color of their scales above -and uniformly- slate :blue:below.: Frequently; they Have orange.. coral reddish'toloratio ' in the throat area; yet"some specimens'liave been reported.. to:. only have cream coloration on the throat: -These snakes are-not-typcally aggressive- and. Will atterriptto.crawl away. when.disturbed: Though-indigo-snakes,rarely-bite; they'shouldNOT .be handled.... - SIMILAR SNAKES -The .black racer is:the.only other solid black snake resembling the ea"stern indigo.snake. However;.black.raeers-have a white.or.cieani:chin; thinner'bodies- :and WILL BITE . if handled.... .... . LIFE HISTORY: The eastern indigo -snake occurs :in.a wide:variety. of terrestrial habitat types: throughoutFlorida: Although -they. a.prefereiice-foruplands; they.also utilizesome wetlands and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above -ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. PIROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of easternindigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association I ith a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: Cease clearing activities and allow the live eastern indigo snake sufficient time to move away from the site without interference; Personnel must NOT attempt to touch or handle snake due to protected status. Take photographs of the snake, if possible, for identification and documentation purposes. Immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. go If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with farther guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: I Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. Take photographs of the snake, if possible, for identification and documentation purposes. s Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. Telephone numbers of USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office — (772) 562-3909 0 PRE -CONSTRUCTION ACTIVITIES 1; The applicant or designated agent will post educational posters in the construction office and throughout the construction site, including any access roads. The posters must be clearly visible to all construction staff. A sample poster is attached. 2. Prior to the onset of construction activities, the applicant/designated agent will conduct a meeting with all construction staff (annually for multi -year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational brochure including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to; make available in the onsite construction office (a final brochure for Plan compliance, to be printed double -sided on 8.5" x 11" paper and then properly folded, is attached). Photos of eastern indigo snakes may be accessed on USFWS and/or FWC websites. 3.', Construction staff will be informed that in the event that an eastern indigo snake (live or dead) isIobserved on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Field Office. The contact information for the USFWS is provided on the referenced posters and brochures. DURING CONSTRUCTION ACTIVITIES 1. ',During initial site clearing activities, an onsite observer may be utilized to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example: discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows). 2. If an eastern indigo snake is discovered during gopher tortoise relocation activities (i.e. burrow excavation), the USFWS shall be contacted within one business day to obtain further guidance which may result in further project consultation. 3. Periodically during construction activities, the applicant's designated agent should visit the project area to observe the condition of the posters and Plan materials, and replace them as needed. Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen. POST CONSTRUCTION ACTIVITIES Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion. The report can be sent electronically to the appropriate USFWS e-mail address listed on page one of this Plan. IF YOU SEE. A LIVE 'EASTERN - - -. - — IF: YOU SEE'A-DEAD-Et�STERN DESCRIl'TION:.'T-he-eastern -indigo snake is INDIGO SNAKE ON. THE: SITE: JNDIGO SNAKE ,ON THE SITE:: largest - us snakes in -North one of the non venomo :., Ame rica, with individuals. often reaching up to8. Cease clearing activities and allow �.. Cease`clearing activities and feet in length. They derive. their name from- the . . :.• the eastern indigo snake stiff cierit .. immediately notify supervisor: or the 'glossy,. blue -black color. of their .scales. above and time to. move: away'froin the site :applicant's designated agent, and the uniformly slate blue below. Frequently; they. ' without interference:. .. `. :.. appropriateUSFWS�office' with. the ; ha ge.to coral reddish coloration in the :. e . Personnel,'- riust-NOT attempt to.. : ' , location informat on and condition:of . throat area,,yet -some specimens ,have been reported to. only.liave crearri coloration on the . touch.or:handle sriake-due to the snake.. throat: These snakes are;not typically aggressive protected status, :. Take photographs of the. snake,: if and will attemptao crawl away when disturbed. .:Take,phpt6kraphs ofthe snak6, f . ::: :. -.possible; for"identification and ... Though indigo snakesfar ely,bite, they. should . ..' .possible, :for identification and. :documentation purposes.: :. IVOT .be handled. documentation purposes.:. : �. Thoroughlyaoak the:dead'snake'in :. • .' Immediately notify supervisor oz the water and then freeze the specirrien. :SIMILAR SNAKES: The black racer is the applicant''s designated: agent; grid the : The appropriate wildlife agency will only other solid black snake. resembling: the . appropriate U-.& Fish and: Wildlife retrieve.the dead,snake. However, blac eastern indigo snake Howe k racers Service (USFWS) office, wit -.the. have a white or cream c hin; thinner bodies',' nd .. . location m formation. and ;cbnditi6n:.of ::. .USFWS; Florida Field; Offices to be :: ��WII.L BITE if handled. d ; ','the snake.. eontacted if a live or: dead eastern :indigo . ' LIFE HISTORY' The eastern indigo snake :: . 'If the snake is; located, in a vicinity snake is �eneount' d , Occurs ,-in awidevarietyofterrestrialhabitat�. where:continuation of the clearing • types throughout Tlorida.Although they'have a construction activities will cause :North :Florida ES -Office=,'(904).731-3336 :. 'preference for uplands, they also utilize some :harm to the snake; the activities must . • .: Panama City ES Office - (850) 769-0552. wetlands an agricultural areas. Eastern indigo . . Halt until: such time .that a ,' .. South' .Florida. ES Office = (7.72) 562-39.09..: snak. ide :gopher es will often seek shelter ins representative of the USFWS returns - tortoise:burrows.arid other below- and above- the call (within :one day) with further :: ground refugia, such as other an' al .burrows, :guidance M46 wh0n,activities may, :. tamps, roots; and debris piles.;Femalesmayldy resume.:: h .. .. tine, wi young hats chink innate uly� through October•