HomeMy WebLinkAboutARMY CORPS OF ENGINEERSDEPARTMENT OF THE ARMY
JACKSON DISTRICT CORPS ENGINEERS
701 01 SAN MARCO BOULEVARD
RD
JACKSONVILLE, FLORIDA 32207
r7 June 25, 2019 SCANNED
REPLY BY
ATTENTION OF St. LucleGoanb
South Branch 6
Palm Beach Gardens Section
SAJ-2019-00613 (L P-R H F)
Ken Forrest
144 Villa Drive
Poquoson, Virginia 23662
Dear Mr. Forrest
This is in reference to your request for a Department of the Army (DA) permit to
perform work in or affecting waters of the United States. If you determine the permit
provided is acceptable in its entirety and you have chosen to proceed with the
authorized activity, then upon recommendation of the Chief of Engineers, pursuant to
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) you are authorized
under a Letter of Permission:
to remove and replace a 192-square foot existing dock, construct a 70-square foot
extension of the existing dock, install one new 13.5-foot by 13.5-foot boat lift, and
dredge approximately 35-cubic yards of material from a 576-square foot area to a depth
of -5 —feet mean low water.
The project site is located in waters of the US associated with a residential canal
adjacent to 140 Commonwealth Court, in Section 14, Township 34 South, Range 40
East, Fort Pierce, St. Lucie County, Florida and an upland disposal area adjacent to 81
Queens Road, in Section 23, Township 34 South, Range 40 East, Fort Pierce, Florida.
Geographic Position: Latitude: 27.5175930
Longitude:-80.3160490
The project must be completed in accordance with the enclosed construction
drawings (Attachment A), and the general and special conditions which are incorporated
in, and made a part of, the permit.
Special Conditions:
Self -Certification Statement of Compliance: 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 B) 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
-2-
of any deviations by the Corps.
2. Reporting Address: All reports, documentation and correspondence
required by the conditions of this permit shall be emailed to: SAJ-RD-
Enforcement(a)usace.armv.mil. The Permittee shall reference this permit
number, SAJ-2019-00613 (LP-RHF), on all submittals.
3. 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, 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
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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.
4. 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).
5. Daylight Hours: All activities must be completed during daylight hours.
6. Construction Location: Project construction shall take place from
uplands or from floating equipment (e.g., barge); prop or wheel -washing is
prohibited.
7. Manatee Conditions: The Permittee shall comply with the enclosed
(Attachment D) "Standard Manatee Conditions for In -Water Work — 2011.
8. Dredge Method: This verification applies only to mechanical and
hydraulic dredging activities, it does not authorize hopper dredging.
9. Dredged Material Disposal: All dredged material must be placed in an
Corps -verified upland disposal site, EPA or Corps designated open water
disposal site, Corps Dredged Material Management Area, or Corps -
approved beneficial use sites for mitigation or restoration, as long as it
meets the following:
a. The disposal sites shall employ erosion control measures such as
upland erosion control, such as filtration or berms, or in -water
turbidity curtains.
b. Handling and storage of dredged material must be completed in a
manner that prevents sedimentation, erosion, and turbidity during
dewatering, overflow, transferring, and storage of the dredged
material. For example, the overwater transfer of dredge material
should either contain the dredged material and any water to prevent
sedimentation or employ other methods, such as turbidity curtains
in the marine environment, to ensure that any turbidity generated
as the water is returned to the marine environment is contained. If
-4-
the applicant conducts sediment testing voluntarily or in compliance
with other law, and such testing indicates high levels of
contaminants in the sediments to be dredged, water from
dewatering should not be released back into the marine
environment.
10.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.
11. 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 E 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.
12. North Atlantic Right Whale: Attachment F describes the presence of
North Atlantic right whales in the area and the Federal regulations
governing the approach to North Atlantic right whales.
-5-
If the work authorized is not completed on or before June 25, 2024, authorization, if
not previously revoked or specifically extended, shall cease and be null and void.
Instructions for Objecting to Permit Terms and Conditions: This letter contains
an initial proffered permit for your proposed project/permit application. If you object to
certain terms and conditions contained within the permit, you may request that the
permit be modified. Enclosed you will find a Notification of Administrative Appeal
Options and Process fact sheet and Request for Appeal (RFA) form. If you choose to
object to certain terms and conditions of the permit, you must follow the directions
provided in Section 1, Part A and submit the completed RFA form to the letterhead
address.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been
received by the District office within 60 days of the date of the RFA. Should you decide
to submit an RFA form, it must be received at the letterhead address by August 24,
2019.
Should you have any questions regarding this letter, please contact the project
manager Trey Fraley in writing the letterhead address, by telephone at 561-472-3526,
or by email at robert.h.fraley@usace.army.mil.
The Corps Jacksonville District Regulatory Division is committed to improving service
to our customers. We strive to perform our duty in a friendly and timely manner while
working to preserve our environment. We invite you to take a few minutes to visit
http://corpsmapu.usace.army.mil/cm apex/f?p=regulator/ survey and complete our
automated Customer Service Survey. Your input is appreciated — favorable or
otherwise.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
�+rrtL .L.. 40z
For: Andrew D. Kelly, Jr.
Colonel, U.S. Army
District Commander
Enclosures
Attachment A: Drawings
Attachment B: Self Certification Form
Attachment C: JaxBO PDC's for In -Water Activities
Attachment D: "Standard manatee Conditions for In -Water work — 201 V
Attachment E: "Standard Protection Measures for the Eastern Indigo Snake"
Attachment F: North Atlantic Right Whale Information Pamphlet
-2-
Copies Furnished:
Ken Forrest, Applicant
Kimberly Colstad, Agent, Ardea Environmental
CESAJ-RD-PE (w/ enclosures)
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2019-00613(LP-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, Special Projects and Enforcement
Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019.
(TRANSFEREE -SIGNATURE)
(DATE)
(NAME -PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
(SUBDIVISION)
(LOT)
(BLOCK)
(STREET ADDRESS)
GENERAL CONDITIONS
33 CFR PART 320-330
PUBLISHED FR DATED 13 NOVEMBER 1986
1. The time limit for completing the work authorized ends on the date noted in the
permit 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.
4
NOTIFICATION AND PROCESS AND
OF ADMINISTRATIVE APPEAL,OPTI ONS 4
i 4 REQUEST -FOR APPIItALS,
Applicant: Ken Forrest I File Number: SAJ-2019-00613
Date: 06/25/2019
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
X
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION F- The following identifies yourAghts and options regarding an administrativeI of the above decision. -
I 11� I
onma ef-- athttp:&".6 ce. . tirm�.mil/tE6W/lOaq'es/r'eq orc-
Ad o a[ infon'rati b 66nd' orps
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at 3
regutlatip ns CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in
its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the
district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,
or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to
address some of your objections, or (c) not modify the permit having determined that the permit should be issued as
previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in
its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions
therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days
of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the
approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer.
This form must be received by the division engineer within 60 days of the date of this notice.
y,a
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be
appealed), by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD.
SECTION.II ,REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL -PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to
an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where
your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determined
is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses
to the record. However, you may provide additional information to clarify the location of information that is already in the
administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you may
If you have questions regarding the appeal process you
contact:
may contact:
Jason W. Steele
Project Manager as noted in letter
Administrative Appeals Review Officer
USACE — South Atlantic Division
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
404 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You will
be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
Location Map
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A R D EA 130 S. Indian River Drive Ken Forrest
� Suite zoz Sheet 1 of 7
Fort Pierce, FL34950 140 Commonwealth Court January 7, 2019
�,,1 Environmental Consultants (772) 577-4141 Hutchinson Island, FL 34949
_-..------
>A R D EA 130 S. Indian River Drive
Suite 202
Fort Pierce, FL 34950
Environmental Consultants (772) 577-4141
Ken Forrest
140 Commonwealth Court
Hutchinson Island, FL 34949
HN
Sheet 2 of 7
January 7, 2019
Property Line
23 Majestic Way
Existing
wood
dock
a1975F
-2.5'MLW(approx.)
Existing Conditions
3.0' MLW (approx.)
,
4.0'101-W
f ,
i-5.0'MLW(approx.)
i (approx.) ,
Residential Canal
2' x 2.5' '
' platform to)
i
be removed
'
— • • — • •�—
• • — • L — • • — Approximate Riparian Line
All dimensions: approximate, not to scale, for permit approval only
A R D EA 130 S. Indian River Drive Ken Forrest
Suite zoz 140 Commonwealth Court sheet 3 of 7
Fort Pierce, Fl- 34950 January 7, 2019
Environmental Consultants (772) 577-414: Hutchinson Island, FL 34949
1
23 Majestic Way
0
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
a Proposed Work:
,y Existing 192 square foot
Y " dock to be removed and
g F ,W Turbidity Control Limits *Dock Removal
a 11 replaced along with
proposed 70 SF triangle as (approx.) approximate maintenance
one structure dredge area in red *Boatlift Removal
+ �i if6t,� rr„=uar a Wa L� 18'x32'to -5'MLW
r,5 ! 25 MLWY(approz.) a <35cublcyards *Maintenance Dredge
Section , at -
/{ j,kEr} ,. ......:... q..... LVV .... nx.), *Dock Replacement
Exisgng ° . � '
fFMangtov'E� �< 4.0'MLW '
tot�rl i 5.0'NLW (a prox.
(No P, • )(approx.) an Addition
r
*Boatlift Replacement
140��;. -♦ �•�
g'$
Commonwealth Residential Canal
i ; ;
a , ' prop NOTE:
! t
Court 13KsPd`t!ie NOTE: Spoil material to be removed
13.5%x 3'S, I either to spoil containment area
�o Eulst)nk i i t
Mangrote 4{ # Proposed ^'70 SF permitted under Queens Cove
f�lFrmg� _ _._.- ; dock addition maintenance dredge 56-039241-007-
No Prop�ser i 5' x 28 x 28.5'
changt�i,''ir �: g rox. EE or transported to appropriate
triangle (app )
Dock Replacement upland facility by the contractor once
Section w , V ,
R and Dock addition selected. No dewatering or return to
t "e. 5' S5^�••••..r........... t = 262 SF total surface waters is proposed.
pub ..emu .kva— a1.,;p +r
i i 6 t E �' q7. `k.
�e[in 'i rrylApproximate Riparian Line
(dashed! All dimensions: approximate, not to scale, for permit approval only
130 S. l- ie►R D EiA Suite2ndian River Drive Ken Forrest
Suite zoz 140 Commonwealth Court Sheet 4 of 7
Fort Pierce, FL 34950 January 7, 2019
;� Environmental Consultants (772)577-4141 Hutchinson Island, Fl-34949
Section A
Existing Dock
I
NOTE: Spoil material to be removed
either to spoil containment area
5'Deck
permitted underQueensiCove
maintenance dredge 56-039241-007-
EE or transported to appropriate
upland facility by the contractor once
selected. No dewatering or return to
Turbidity
Barrier
surface waters is proposed.
Turbidity
Barrier
MHWL
----- -- MLW
-- --- —
APProA%.
Residential Canal
(varies)gotton
-2.5, MLW (approx.)
—Approximate
Slope '• Maintenance1
•.
-2:1 Dredge Limits
max. <35 CY i
-*-,-'•......................................................................... -5' MLW (approx.)
A R D E ,13 S. Indian River Suite
Fort P202 ierce, FL rive
349 O
Environmental Consultants (772) 577-4141
All dimensions: approximate, not to scale, for permit approval only
Ken Forrest
140 Commonwealth Court Sheet 5 of 7
Hutchinson Island, FL 34949 January 7, 2019
-8-10" wood piles
Section B
}
NOTE: Spoil material to be removed
Existing Existing Dock
either to spoil containment area
Mangrove
permitted under Queens Cove
eimge (No Proposed s'Deck
5'Deck
maintenance dredge56-039241-007-
Changes)
EE or transported to appropriate
upland facility by the contractor once
selected. No dewatering or return to
surface waters is proposed.
Turbidity
Barrier
ll
Turbidity
3
Barrier
f
gin.„
"MH W L
O -
^'MLW
J Appro
w :! khnate
Residential Canal
8-"Varies) ttom
,
-2.5' MLW (approx.)
Approximate
Slope'., Maintenance 11
-2:1 '. Dredge Limits
max. <35 CY
-
---
.....
5' MLW (approx:)
All dimensionse
*
.................................... �--�_ -5' MLW (approx.)
P- or permit approval oni
approximate,
130 5. Indian River Drive
Ken Forrest
� suite zoz
A R D EA
140 Commonwealth Court
sheet 6 of 7
Fort Pierce, FL 34950
Environmental Consults-„nts
Hutchinson Island, FL 34949
January 7, 2019
( (772) 577-4141
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130 S. Indian River Drive
Suite 202
Fort Pierce, FL 34950
(772)577-4141
Ken Forrest
140 Commonwealth Court
Hutchinson Island, FL 34949
Sheet 7 of 7
January 7, 2019
SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ-2019-00613(LOP-RHF)
Permittee's Name & Address (please print or
Telephone Number:
Location of the Work:
Date Work
Date Work Completed:
PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES _ _
TO SCHEDULE AN INSPECTION PLEASE CONTACT
AT
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging,
etc.):
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and
conditions as described in the permit. Any deviations as described above are depicted on the
attached drawing(s).
Signature of Permittee
Full Name of Permittee (printed or typed)
Date
U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological
Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities
November 2Q-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. mi1.
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
(http:l/www.fisheries.noaa.gov/Dr/shipstrike/).
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 thatinclude-uplandearth 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.
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
I mperiledSpeciese. mvFWC. 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'/i' 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.
projectCAUTION.a MANATEE HABITAT
All
IDLE SPEED/
D O WAKE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
rr:x~ Wildlife Alert:
40R, 1-888-404-FWCC (3922)
cell * FWC or #FWC
STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE
U.S. Fish and Wildlife Service
August 12, 2013
The eastern indigo snake protection/education plan (Plan) below has been developed by the U.S.
Fish and Wildlife Service (USFWS) in Florida for use by applicants and their construction
personnel. At least 30 days prior to any clearing/land alteration activities, the applicant shall
notify the appropriate USFWS Field Office via e-mail that the Plan will be implemented as
described below (North Florida Field Office: iaxrees@fws.gov; South Florida Field Office:
verobeach@fw, s.gov; Panama City Field Office: panamacity@a fws.gov). 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 confirmation or "approval' from the USFWS is needed and the
applicant may move forward with the project.
If the applicant decides to use an eastern indigo 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 30 days of receiving the plan, either concurring that the plan is adequate or
requesting additional information. A concurrence e-mail from the appropriate USFWS Field
Office will fulfill approval requirements.
The Plan materials should consist of: 1) 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 initiated
(see Pre -Construction Activities and During Construction Activities sections below).
POSTER INFORMATION
Posters with the following information shall be placed at strategic locations on the construction
site and along any proposed access roads (a final poster for Plan compliance, to be printed on 1 I"
x 17" or larger paper and laminated, is attached):
DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North
America, with individuals often reaching up to 8 feet in length. They derive their name from the
glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they
have orange to coral reddish coloration in the throat area, yet some specimens have been reported
to only have cream coloration on the throat. These snakes are not typically aggressive and will
attempt to crawl away when disturbed. Though 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 racers have a white or cream chin, thinner bodies, and WILL BITE
if handled.
LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types
throughout Florida. Although they have a preference for uplands, they also utilize some wetlands
and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise
burrows and other below- and above -ground ref igia, such as other animal burrows, stumps,
roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June,
witli-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 Commissiori. "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.
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.
• 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.
IF 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
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. 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.
ATTENTION:
THREATENED EASTERN INDIGO
SNAKES MAY BE PRESENT ON
THIS SITE! !!
IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE:
• Cease clearing activities and allow the 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 U.S. Fish and
Wildlife Service (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.
IF 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.
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
Killing, harming, or harassing indigo snakes is strictly prohibited and punishable under State and Federal Law.
DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals
often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their
scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration
in the throat area, yet some specimens have been reported to only have cream coloration on the
throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed.
Though 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
racers have a white or cream chin, thinner bodies, and WILL BITE if handled.
LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida.
Although they have a preference for uplands, they also utilize some 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.
PROTECTION: 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.
August 12,2013
IF YOU SEE A LIVE EASTERN
INDIGO SNAKE ON THE SITE:
• Cease clearing activities and allow
the 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 U.S. Fish and Wildlife
Service (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.
IF 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.
USFWS Florida Field Offices to be
contacted if a live or dead eastern indigo
snake is encountered:
North Florida ES Office — (904) 731-3336
Panama City ES Office — (850) 769-0552
South Florida ES Office — (772) 562-3909
DESCRIPTION: The eastern indigo snake is
one of the largest non -venomous snakes in North
America, with individuals often reaching up to 8
feet in length. They derive their name from the
glossy, blue -black color of their scales above and
uniformly slate blue below. Frequently, they
have orange to coral reddish coloration in the
throat area, yet some specimens have been
reported to only have cream coloration on the
throat. These snakes are not typically aggressive
and will attempt to crawl away when disturbed.
Though 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 racers
have a white or cream chin, thinner bodies, and
WILL BITE if handled.
LIFE HISTORY: The eastern indigo snake
occurs in a wide variety of terrestrial habitat
types throughout Florida. Although they have a
preference for uplands, they also utilize some
wetlands and agricultural areas. Eastern indigo
snakes will often seek shelter inside gopher
tortoise burrows and other below- and above-
ground ref igia, 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.
Killing, harming, or harassing indigo
snakes is strictly prohibited and
punishable under State and Federal Law.
Only individuals currently authorized
through an issued Incidental Take Statement
in association with a USFWS Biological
Opinion, or by a Section I0(a)(1)(A) permit
issued by the USFWS, to handle an eastern
indigo snake are allowed to do so.
LEGAL STATUS: 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.
August 12, 2013
I,
ATTENTION:
THREATENED EASTERN INDIGO
SNAKES MAY BE PRESENT ON
THIS SITEM
g
N.
h c3
j lioto^r�lr
Please read the following
information provided by the
U.S. Fish and Wildlife Service
to become familiar with
standard protection measures
for the eastern indigo snake.
1IorLn txuanuc rcranr yrnaie iniormanon 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.gov): 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
(ii) 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.
2. Updates can be downloaded from:
a. http://www.nmfs.noaa. ov/pr/species/mammals/cetaceans/rightwhale northatlantic.htm,
or
b. www.ecfr.gov