HomeMy WebLinkAboutLETTER FROM ARMY CORP OF ENGINEERSDEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
December 19, 2019
Regulatory Division
South Branch
Palm Beach Gardens Section SCANNED
SAJ-2019-04233(NWP/GP-RHF) BY
St. Lucie County
Anthony Crusco
10701 South Ocean Drive, Unit 925
Jensen Beach, FL 34957
Dear Mr. Crusco:
Your application for a Department of the Army permit received on November 18,
2019, has been assigned number SAJ-2019-04233. A review of the information and
drawings provided shows the proposed work consists of the installation of 35 linear feet
of seawall cap and replacement of deckboards on an existing 223 square foot dock. The
activities subject to this permit are authorized pursuant to authorities under Section 10
of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the Clean
Water Act (33 USC 1344). The project is located in the waters of the United States
Indian River Lagoon at 10701 South Ocean Boulevard Unit 925, in Section 11,
Township 37 South, Range 41 East, Jensen Beach, St. Lucie County, Florida.
Your project, as depicted on the enclosed drawings, is authorized by Nationwide
Permit (NWP) Number 13. In addition, project specific conditions have been enclosed.
This verification is valid until March 18, 2022. 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. 82, dated January 6, 2017,
specifically pages 1983 to 2008, and the table of Regional Conditions. The Internet
page address is:
http://www.saj.usace.army.miI/Missions/ReguIatory.aspx
Please be aware this Internet address is case sensitive and should be entered as it
appears above. _Once there you will need to click on "Source Book'; and, then click on
"Nationwide Permits." These files contain the description of the Nationwide Permit
authorization, the Nationwide Permit general conditions, and the regional conditions,
FILE C®Py
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which apply specifically to this verification for NWP 13. 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.
Your project, as depicted on the enclosed drawings, is authorized by Regional
General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please
access the Corps' Jacksonville District Regulatory Division Internet page to view the
special and general conditions for SAJ-20, which apply specifically to this authorization.
The Internet URL address is:
http://www.saj.usace.army.miI/Missions/ReguIatory.aspx
Please be aware this Internet address is case sensitive; and, you will need to enter it
exactly as it appears above. Once there you will need to click on "Source Book"; and,
then click on "General Permits." Then you will need to click on the specific SAJ permit
noted above. You must comply with all of the special and general conditions of the
permit; and, any project -specific conditions noted below, or you may be subject to
enforcement action. The following project -specific conditions are included with this
authorization:
1. Reporting Address: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special
conditions of this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-
Enforcement@usace. army. mil (not to exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory
Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
The Permittee shall reference this permit number, SAJ-2019-04233
(NWP/GP-RHF), on all submittals.
2. Self -Certification: Within 60 days of completion of the work authorized by
this permit, the Permittee shall complete the attached "Self -Certification
Statement of Compliance' form (Attachment 2) and submit it to the Corps.
the event that the completed work deviates in any manner from the
authorized work, the Permittee shall describe the deviations between the
In
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work authorized by this permit and the work as constructed on the "Self -
Certification Statement of Compliance' form. The description of any
deviations on the "Self -Certification Statement of Compliance' form does not
constitute approval of any deviations by the Corps.
3. Commencement Notification: Within 10 days from the date of initiating the
work authorized by this permit the Permittee shall submit a completed
"Commencement Notification" Form (Attachment 3)
4. 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
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. thev will be treated in accordance with Section
M
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.
5. 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 4).
6. Daylight Hours: All activities must be completed during daylight hours.
7. Manatee Conditions: The Permittee shall comply with the "Standard
Manatee Conditions for In -Water Work — 2011" (Attachment 5).
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.
This 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.
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 and RGP, please contact
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Trey Fraley by telephone at 561-472-3526 or by email at
Robert. H. Fraley@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 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,
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Trey Fraley
Project Manager
Enclosures
cc:
SAJ-RD-SE
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 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-2019-04233 (NWP/GP-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
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 or electronic mail at saj-rd-
enforcement@usace.army. mi1.
(TRANSFEREE -SIGNATURE)
(DATE)
(NAME -PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
(SUBDIVISION)
(LOT) (BLOCK)
(STREET ADDRESS)
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SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to
- — ---sal-rd-enforcement(o)usace.army, mif(preferred, not to exceed 15MB)grbystandard mail to U.S.
Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
1. Department of the Army Permit Number: SAJ- ( )
2. Permittee Information: Name:
Email:
Address:
Phone:
3. Date Authorized Work Started: Completed:
4. Contact to Schedule Inspection: Name:
Email:
Phone:
5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands,
docks, dredging, etc.):
6. Acreage or Square Feet of Impacts to Waters of the United States:
7. Describe Mitigation completed (if applicable):
8. 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
Printed Name of Permittee
Date
Dated 9/18/2019
Within ten (10) days of initiating the authorized work, submit this form via electronic mail to
--say-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) orby standard mail
to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1. Department of the Army Permit Number: SAJ- ( )
2. Permittee Information:
Name:
Email:
Address:
Phone:
3. Construction Start Date:
4. Contact to Schedule Inspection:
Name:
Email:
Phone:
Signature of Permittee
Printed Name of Permittee
Dated 9/18/2019
COMMENCEMENT NOTIFICATION
Within ten (10) days of initiating the authorized work, submit this form via electronic mail to
saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) orby standard mail
to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1. Department of the Army Permit Number: SAJ-
2. Permittee Information:
Name:
Email:
Address:
Phone:
3. Construction Start Date:
4. Contact to Schedule Inspection:
Name:
Email:
Phone:
Signature of Permittee
Printed Name of Permittee
Date
Dated 9/18/2019
U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological
Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities
November 20, 2017
1) (AP.7.) Education and Observation: The permittee must ensure that all personnel
associated with the project are instructed about the potential presence of species
protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site
project personnel are responsible for observing water -related activities for the
presence of protected species. All personnel shall be advised that there are civil and
criminal penalties for harming, harassing, or killing ESA -listed species or marine
mammals. To determine which species may be found in the project area, please
review the relevant Protected Species List at:
hftp://sero.nmfs.noaa.gov/protected resources/section 7/threatened endangered/in
dex.html
2) (AP.8.) Reporting of interactions with protected species:
a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon
occurring during the construction of a project, shall be reported immediately to
NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to
takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.
b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email
Sawfish@MyFWC.com
c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email
nmfs.ser.sturgeonnetwork@noaa.gov
d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-
877-WHALE HELP (1-877-942-5343).
e) North Atlantic right whale: Report injured, dead, or entangled right whales to the
USCG via VHF Channel 16.
3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must
watch for and avoid collision with species protected under the ESA and MMPA.
Vessel operators must avoid potential interactions with protected species and
operate in accordance with the following protective measures:
a) Construction Equipment.
i) All vessels associated with the construction project shall operate at "Idle
Speed/No Wake' at all times while operating in water depths where the draft
of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in
all depths after a protected species has been observed in and has departed
the area.
ii) All vessels will follow marked channels and/or routes using the maximum
water depth whenever possible.
iii) Operation of any mechanical construction equipment, including vessels, shall _
cease immediately if a listed species is observed within a 50-ft radius of
construction equipment and shall not resume until the species has departed
the area of its own volition.
-iv) 1f the detection of species is not possible during certain weather conditions
(e.g., fog, rain, wind), then in -water operations will cease until weather
conditions improve and detection is again feasible.
b) All Vessels:
i) Sea turtles: Maintain a minimum distance of 150 ft.
ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).
iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike
Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10
knots or less in Seasonal Management Areas
(http://www.fisheries.noaa.gov/prlshipstrike .
iv) Mariners shall check various communication media for general information
regarding avoiding ship strikes and specific information regarding right whale
sightings in the area. These include NOAA weather radio, USCG NAVTEX
broadcasts, and Notices to Mariners.
v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right
whales], and porpoises): Maintain a minimum distance of 300 ft.
vi) When these animals are sighted while the vessel is underway (e.g., bow -
riding), attempt to remain parallel to the animal's course. Avoid excessive
speed or abrupt changes in direction until they have left the area.
vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine
mammals are observed, when safety permits.
4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be
monitored and controlled. Prior to initiating any of the work covered under this
Opinion, the Permittee shall install turbidity curtains as described below. In some
instances, the use of turbidity curtains may be waived by the USACE project
manager if the project is deemed too minimal to generate turbidity (e.g., certain
ATON installation, scientific survey device placement, marine debris removal) or if
the current is too strong for the curtains to stay in place. Turbidity curtains
specifications:
a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of
the bottom around all work areas that are in, or adjacent to, surface waters.
b) Use these turbidity barriers throughout construction to control erosion and
siltation and ensure that turbidity levels within the project area do not exceed
background conditions.
c) Position turbidity barriers in a way that does not block species' entry to or exit
from designated critical habitat.
d) Monitor and maintain turbidity barriers in place until the authorized work has
been completed and the water quality in the project area has returned to
background conditions.
e) In the range of ESA -listed corals (st. Lucie Inlet, Martin County south to the Dry
Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm
Bay south to central Biscayne Bay in the lagoon systems on the east coast of
Florida):
i) Projects that include upland earth moving (e.g., grading to install a building or
parking lot associated with a dock and seawall project), must install sediment
control barriers to prevent any upland sediments from reaching estuarine or
marine waters.
ii) The turbidity curtain requirement cannot be waived for any project that moves
or removes sediment (e.g., dredging, auger to create a pile, trenching to
install a cableline). If turbidity curtains are not feasible in an area based on
site conditions such as water current, high wave action, or stormy conditions,
the project must undergo individual Section 7 consultation and is not covered
under this Programmatic Opinion.
5) (AP.11.) Entanglement: All turbidity curtains and other in -water equipment must be
properly secured with materials that reduce the risk of entanglement of marine
species (described below). Turbidity curtains likewise must be made of materials
that reduce the risk of entanglement of marine species.
a) In -water lines (rope, chain, and cable, including the lines to secure turbidity
curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy
metal chains or heavy cables that do not readily loop and tangle. Flexible in -
water lines, such as nylon rope or any lines that could loop or tangle, must be
enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line
from looping and tangling. In all instances, no excess line is allowed in the water.
b) Turbidity curtains and other in -water equipment must be placed in a manner that
does not entrap species within the construction area or block access for them to
navigate around the construction area.
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
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.
G. 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
I m periledS pecies(a)myFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining
the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be
posted in a location prominently visible to all personnel engaged in water -related activities. These
signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to
the email address listed above.
When a manatee is within 50 feet of work
all in -water activities must
Report any collision with or injury to a manatee:
Wildlife Alert:
1-888-404-FWCC (3922)
cell * FWC or #FWC