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HomeMy WebLinkAboutDEPT ARMY CORPS OF ENGINEERSn4i4 " h q I�pJ m a 3O sr�r�s o."4s DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BLVD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 March 22, 2019 Regulatory Division South Permits Branch Palm Beach Gardens Permits Section SAJ-2019-00824 (GP-KAE) Al Fleming 93 Queens Road, Fort Pierce, FL 34949 Dear Mr. Fleming: RECEIVED MAY 3 0 2019 ST. Lucie County, Permitting SCANNED BY St. Lucie County Your application for a Department of the Army permit received on March 08, 2019, has been assigned number SAJ-2015-01529. A review of the information and drawings provided shows the proposed work is remove an 5-foot by 12-foot (60 square foot) portion of an existing marginal dock, 2) install an irregular shaped 18 square foot dock addition, and 3) installation of a boatlift in an existing slip. The project is located in a canal at 93 Queens Road, in Section 23, Township 34 South, Range 40 East, in Fort Pierce, within Martin County, Florida. The aspect of your project associated with the dock, 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.mil/Missions/Regulatory.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: 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, Regulatory Division, Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 or 1pa for electronic mail saj-rd-enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2019-00824 (GP-KAE), 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 (attached) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self -Certification Statement of Compliance" form. The description of any deviations on the "Self -Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. 3. 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 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. 4. Turbidity controls: a. Shall be used throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. b. Shall be made of material in which listed species cannot become entangled (i.e., reinforced impermeable polycarbonate vinyl fabric [PVC]), and shall be monitored to ensure listed species are not entangled or trapped in the project area. c. Shall be removed promptly when the work is complete and the water quality in the project area has returned to background conditions. d. Shall not block entry to or exit from designated critical habitat. 5. Cultbral 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. -3- 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. If the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, 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 Corps, within the same business day (8-hours). The Corps shall then notify the appropriate THPO(s) and SHPO. 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. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager. After such notification, project activities on tribal lands shall not resume without written authorization from the appropriate THPO(s) and the Corps. me 6. Proiect 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 (Attached). 7. Daylight Hours: All activities.must be completed during daylight hours. 8. Pile Installation: The maximum number of piles installed per day is limited to no more than 10 piles per day. 9. North Atlantic Right Whale: Attached describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. 10. Manatee Conditions: The Permittee shall comply with the enclosed (Attached) "Standard Manatee Conditions for In -Water Work— 2011." 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 Kelly Egan by telephone at 561-472-3514. 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=regulatorysurvey. 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, Kell Project Manager -5- Enclosures Project Drawings Self -Certification PDCs for In -Water Activities dated November 20, 2017 North Atlantic Right Whale Information Standard Manatee Conditions for In -Water Work — 2011 Copies Furnished: RE Permits SAJ Kimberly Colstad, Kim@ardeaenvironmental.com 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. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-20 Application Number: SAJ-2019-00824 Permittee's Name & Address (please print or Telephone Number: Location of the Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, 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 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2019-00824 (GP-KAE) 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) 1fl.A '1}.liV.liJ � � I H I iha t t �1�aa1 nRlo 1+'vrra. Y.h n +� } {I .. �•... 1. a 1 ouvens Cove, Project Site p 5 I Y.ty •t}` � ]1 t �u I V 1 hNllrMI [4.N liter tYK we❑st 13, zale 1t19A5a a IM5 a.as 09" r r I 0 0,35 OJ 1.4h � D �� Suite2ndianRiverDrive Al Fleming 1 suite zoz Sheet 1 of 6 Fort Pierce, FL 34950 93 Queens Road February 20, 2019 IY Environmenkol Consulkank� (772)577-4141 Hutchinson Island, FL34949 l 0.01 OA7 0.02 Mi Cadastral 201'7 (Property Appraiser Parcels) - Public Yew ' 0 0.01 0.01 0.03 km A R ®EA130 S. Indian River Drive Suite 202 Fort Pierce, FL 34950 Environmental Consultants (772) 577-4141 AI Fleming 93 Queens Road Hutchinson Island, FL 34949 Sheet 2 of 6 February 20, 2019 Residential Canal Line of continuous seawalls fronting residential canal ------------------ Existing Slip i 5' Existing Slip Existing 424 square foot dock .._....., ,. ,.. 4, dsting Mangrove Mixed Fringe (red/white) — no changes proposed 6' Existing IV Existing 94' Seawall (Total 134' Seawall) tNq Not to scale, for permitting purposes only 411R EASuite Indian River Drive AI Fleming suite z0. Sheet 3 of 6 Fort Pierce, FL 34950 93 Queens Road February 20, 2019 vironmental Consult_ an(772) 577-4141 Hutchinson Island, FL 34949 Proposed Work: i i • Dock Portion Removal 60 sf • Dock Addition 18 sf • Install boatlift Residential Canal' • Remove/replace/install pilings v of I 6 W � I m I I Line of continuous seawalls fronting residential canal a ---- -* Proposedl8sf--------------------� Remove 5' x 12' wedge addition: i portion" - I J ose Qrolp ; Existing Slip atC�ft N I N 0 3r, C, ,. L---------------------------------------' Oq 68' C %%%% % % %% s 382 square foot dock (total with proposed modifications) , .) j ...... �... ... { 4' = New/replacement piling rA R D EA Fort S. Indian River rive Pierce, FL 3qg O �.. Environmental Consuitanis (772) 577-4141 Existing 94' Seawall (Total 134' Seawall) Not to scale, for permitting purposes only) Al Fleming Sheet 4 of 6 93 Queens Road February 20, 2019 Hutchinson Island, FL 34949 Dock Access Section Thru 3 feet +/- a SGL Bolts, Nut, Washers 5/8" S.S. (304) w Nut Fully — Threaded @ Bents ZZ 2" x 6" Tropical #1 Decking Wxs•iaes 'w/ minimal plank spacing. for stringers Fasten w #103" SS (304) Screws, 2 per Stringer \ 2" x 8" P.T. SYP, 0.40 ACQ treated stringers. 2.. 10" P.T. SYP, 0.40 ACQ treated g1HWL DBL bents Barren River Bottom Dock Access Plan View 3 feet+/- �® R� ■ �u N , �11 11■ ■tll 1 1 1 1 1 1111111111111111111 — 1111111111111111111 lllllllllllll■ — lllllllllllll■ 1111111111111111111 1111111111111111111 1� 11■ Min. 9" Dia. 2.5 CCA Treated Piles with 6' minimum embedment /r Stringers 12- spacing max. Center Stringers tied down with 2" x 4" x 12" 0.40 treated pine w 2PC 3" SS Screws @ ea member K v h N Design Windload InformationWindload Information Code: FBC 2017 5TM ADD/FRC 2017/ASCE 7-10 Wind Speed: 170 MPH, 3 Second Gust Exposure "D" Importance Factor: 1.0 Internal Pressure Coeff.: 0.00 Not to scale for permitting purposes onlV Height:<10 Ft. Mean A Indian River Drive AI Fleming Suite 2 Suite oz Sheet 5 of 6 R D EA MT—� Fort Pierce, FL 34950 93 Queens Road February 20, 2019 vironmental Consulta(772) 577-4141 Hutchinson Island, FL 34949 FAAHFiA(M Elaw BOAT a1rT rOP.,.CARRICR BEAMS AND MOONTANO MRACXCIS COMPLY M17N MIND LOAO RE001REMEWS Of THE BTN'EDTTION gw)-rLORVA OUIIWRO COOS, PER AStC`E-7-14 ANO PER Of MY LOAD REOOIREYENTS Or THE POrs COM011 ALNUJNUU ASSODTATI-"r ALOWNITN I'MAN lAAN BEAUS: AND MOUNrIN6'BR.1C EXCCFO Ud•d T�1NRAi Mr WWDAQVI an TOO NPR (EXPOSURECATCOMv' C BELT$$ ARP. TO aE kruar0 FROM I'm MR TV "A WJUR XA4D nEl2L4ay.^" 1/7 l ECCCMG ANTClT AD AUPS 0 USY CACW AT AMPS a z"V LA00 WANUTN 2 TOTAL-WA7M M4 ANl}F M.ENA4Am' ONAISWG. NAs AMY PRCPAREO WVCAur FIAT uSC CK r RT" Y 9;009 M CUOA GEAR ROq TWIS.AN) MAR�WE PROOUCrS BOA uFT (?217 ri9C} O I ° ; p1s L.aRo'a'n°roRsi 9E R. RASCALE. MIS Mit} T/P/ID AEU. r l-s00-S�hO]]$' rrv,hhlWs.asm 130 S. Indian River Suite Drive EA Fort Pierce, FL 34950 Environmental Consultants (772) 577-4141 AI Fleming 93 Queens Road Hutchinson Island, FL 34949 Sheet 6 of 6 February 20, 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: http://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) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in -water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (hftp://www.fisheries.noaa.gov/pr/shipstriken. 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. Noise Best Management Practices (BMPs) for Piling Installation The following best management practices are designed to reduce the exposure to sea turtles, smalltooth sawfish, and sturgeon to potential harmful daily noise exposure levels associated with pile driving during dock and seawall construction activities. Noise BMP Plan A (For all projects): Sea Turtle, Smalitooth Sawfish, and Sturgeon Construction Conditions The permittee shall comply with the following protected species construction conditions: a. All construction personnel are responsible for observing water -related activities to detect the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing species protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which protected species cannot become entangled, be properly secured, and be regularly monitored to avoid protected species' entrapment. Barriers may not block protected species entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. If a protected species is seen within 100 yd of the active daily- construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 ft of a protected species. Operation of any mechanical construction equipment shall cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. e. Any injury to a protected species shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding/rescue organization. f. All work must occur during daylight hours. Noise BMP Plan B (for Impact Pile -Driving Installation of 6 or More Concrete Piles per Day) The permittee shall follow all conditions defined in the Noise BMP Plan A above plus the conditions provided below: It must be determined if the project occurs in open water or a confined space. This differentiation is important because if a project occurs in a confined space, an animal may not move through or past a noise source to escape it. A confined space is defined as any area that has a solid object (e.g., shoreline, seawall, jetty) or structure within 150 feet (ft) of the pile installation site that would effectively serve as a barrier or otherwise prevent animals from moving past it to exit the area. This does not include objects such as docks or other pile -supported structures that would not stop animal movement or significantly reflect noise. 2. If the project is located in open water, up to 10 concrete piles measuring up to 24-in diameter may be installed per day. If the project is located in a confined space, up to 5 concrete piles measuring up to 24-in diameter may be installed per day. 4. If more than 5 piles will be installed per day in a confined space, noise abatement measures (below) are required for all of the concrete piles installed that day with a maximum of 10 piles installed per day. Noise Abatement Measures: Approved noise abatement measures include noise attenuation piles (TNAP) and/or bubble curtains. TNAP design must be constructed of a double -walled tubular casing (a casing within a larger casing), with at least a 5-inwide hollow space completely filled with closed -cell foam or other noise dampening material between the walls. The TNAP must be long enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend at least 3 ft above the surface of the water. Bubble curtain design must adhere to the guidelines for unconfined and confined bubble curtains defined below, and be followed as detailed in the USACE permit application. The use of any other alternative noise control method must receive prior approval by NMFS and the USACE. If the required noise abatement measure discussed above cannot be used, then the pile must be installed by a different method using the appropriate noise BMPs defined in this document. (e.g., concrete piles may be installed by vibratory hammer instead, following BMP Plan A). Bubble Curtain Specifications for Pile Driving When using an impact hammer to drive or proof concrete piles, use one of the following sound attenuation methods: If water velocity is equal to or less than 1.6 ft per second (1.1 miles per hour) for the entire installation period, surround the pile being driven by a confined or unconfined bubble curtain that will distribute small air bubbles around 100% of the pile perimeter for the full depth of the water column. a. General - An unconfined bubble curtain is composed of an air compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration pipe, and a frame. The frame facilitates transport and placement of the system, keeps the aeration pipes stable, and provides ballast to counteract the buoyancy of the aeration pipes in operation. b. The aeration pipe system shall consist of multiple layers of perforated pipe rings, stacked vertically in accordance with the following: Water Depth (m) No. of Layers 0 to less than 5 2 5 to less than 10 4 10 to less than 15 7 15 to less than 20 10 20 to less than 25 13 c. The pipes in all layers shall be arranged in a geometric pattern which shall allow for the pile being driven to be completely enclosed by bubbles for the full depth of the water column and with a radial dimension such that the rings are no more than 0.5 m from the outside surface of the pile. The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without burial and shall accommodate sloped conditions. ii. Air holes shall be 1.6 millimeter (mm) (1/16-in) in diameter and shall be spaced approximately 20 mm (3/4 in) apart. Air holes with this size and spacing shall be placed in 4 adjacent rows along the pipe to provide uniform bubble flux. The system shall provide a bubble flux 3.0 m3 per minute per linear meter of pipe in each layer (32.91 ft3 per minute per lin ft of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: Vt= 3.0 m3/min/m * Circumference of the aeration ring in m or Vt= 32.91 ft3/min/ft * Circumference of the aeration ring in ft iv. Meters shall be provided as follows: • Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. • Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet, the flow meter at the compressor can be eliminated. Flow meters shall be installed according to the manufacturer's recommendation based on either laminar flow or non -laminar flow. 2. If water velocity is greater than 1.6 ft per second (1.1 miles per hour) at any point during installation or if constructing a seawall, surround the pile or area being driven by a confined bubble curtain (e.g., a bubble ring surrounded by a fabric or non-metallic sleeve). The confined bubble curtain will distribute air bubbles around 100% of the pile perimeter for the full depth of the water column, according to specifications below. a. General - A confined bubble curtain is composed of an air compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration pipe(s), and a means of confining the bubbles. b. The confinement shall extend from the substrate to a sufficient elevation above the maximum water level expected during pile installation such that when the air delivery system is adjusted properly, the bubble curtain does not act as a water pump (i.e., little or no water should be pumped out of the top of the confinement system). c. The confinement shall contain resilient pile guides that prevent the pile and the confinement from coming into contact with each other and do not transmit vibrations to the confinement sleeve and into the water column (e.g., rubber spacers, air -filled cushions). d. In -water less than 15 m deep, the system shall have a single aeration ring at the substrate level. In -waters greater than 15 m deep, the system shall have at least 2 rings: 1 at the substrate level and the other at mid -depth. e. The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without sinking into the substrate and shall accommodate for sloped conditions. Air holes shall be 1.6 mm (1/16-in) in diameter and shall be spaced approximately 20 mm (3/4 in) apart. Air holes with this size and spacing shall be placed in 4 adjacent rows along the pipe to provide uniform bubble flux. g. The system shall provide a bubble flux of 2.0 m' per minute per linear meter of pipe in each layer (21.53 ft3 per minute per lin ft of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: Vt = 2.0 m3/min/m * Circumference of the aeration ring in m or Vt = 21.53 ft3/min/ft * Circumference of the aeration ring in ft h. Flow meters shall be provided as follows: Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. ii. Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet, the flow meter at the compressor can be eliminated. III. Flow meters shall be installed according to the manufacturer's recommendation based on either laminar flow or non -laminar flow. ivortn Atlantic xignt wnale tnrormation rorm Federal Regulations Governing the Approach to North Atlantic Right Whales Federal regulations governing the approach to North Atlantic right whales can be found at 50 CFR 224.103(c). It is illegal to approach and remain within 500 yards of right whales; 500 yards is equal to the distance of 5 football fields. Prohibitions on approaching right whales are as follows (Excerpts from 50 CFR 224.103(c), available at www.ecfr.aovl: Unless otherwise lawfully allowed or unless doing so would create an imminent and serious threat to a person or vessel, it is unlawful to: (i) Approach (including by interception) within 500 yards (460 m) of a right whale by vessel 4 500 yards 4 (n) Fail to undertake required right whale avoidance measures. If underway, a vessel must steer a course away from the right whale and immediately leave the area at a slow safe speed. Updates can be downloaded from: a. http://www.nmfs.noaa.eov/or/species/mammals/cetaceans/riehtwhale northatlantic.htm, or b. www.ecfr.gov 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. 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(a)mVFWC.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'/" 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 MVFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.