HomeMy WebLinkAboutDEPARTMENT OF THE ARMY PAPPERWORKDEPARTMENT.OF THE ARMY
CORPS OF ENGINEERS JACKSONVILLE DISTRICT,
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
March 12, 2020
Regulatory Division
South Branch
Palm Beach Gardens Permits Section SCANNED
SAJ-2013-02374(GP-JKA) BY
St. Lucie Countv
Santiago Melians
3046 NW Radcliffe Way
Palm City, Florida 33490
Kazme12(a)gmaiI.com
Dear Mr. Melians:
The U.S. Army Corps of Engineers (Corps) assigned your application for a
Department of the Army permit, which the Corps received on December 2, 2019, the file
number SAJ-2013-02374. A review of the information and drawings provided indicates
that the proposed work would result in the construction of a new 760 square foot L-
shaped dock with a 4 foot wide by 150 long access walkway and a 16462t b 10-foot
terminal platform and install @',4.pnin troattFriythe sout {eimei
measuringS,15id1157feet%6he n' r
activities subject to this permit are
auau h�fh wed pursuant to authorities under Section 10 of the Rivers and Harbors Act of
1899 (33 U.S.C. § 403). The project is located within the North Fork of the St. Lucie
River, Waters of the United States, adjacent to 3046 NW Radcliffe Way, Section 25,
Township 37 South, Range 40 East, Palm City, Martin County, Florida.
Your project, as depicted on the enclosed drawings, is authorized by Regional
General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please
access the Corps' Jacksonville District Regulatory Division Internet page to view the
special and general conditions for SAJ-20, which apply specifically to this authorization.
The Internet URL address is:
hftp://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:
-2-
1. Reporting Address: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special
conditions of this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil
(not to exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonviile, Florida 32232-0019.
The Permittee shall reference this permit number, SAJ-2013-02374(GP-JKA), on
all submittals.
2. Commencement Notification: Within 10 days from the date of initiating the
work authorized by this permit the Permittee shall submit a completed
"Commencement Notification" Form (Attachment 2).
3. As -Built Certification: Within 60 days of completion of the work authorized by
this permit, the Permittee shall submit as -built drawings of the authorized work
and a completed "As -Built Certification By Professional Engineer" form
(Attachment 3) to the Corps. The as -built drawings shall be signed and sealed
by a registered professional engineer and include the following:
a. A plan view drawing of the location of the authorized work footprint, as
shown on the permit drawings, with transparent overlay of the work as
constructed in the same scale as the permit drawings on 8'/2-inch by 11-
inch sheets. The plan view drawing should show all "earth disturbance",
including wetland impacts and water management structures.
b. A list of any deviations between the work authorized by this permit and
the work as constructed. In the event that the completed work deviates,
in any manner, from the authorized work, describe on the attached "As -
Built Certification By Professional Engineer"form the deviations between
the work authorized by this permit and the work as constructed. Clearly
indicate on the as -built drawings any deviations that have been listed.
Please note that the depiction and/or description of any deviations on
the drawings and/or "As -Built Certification By Professional Engineer' form
does not constitute approval of any deviations by the Corps.
c. The Department of the Army permit number on all sheets submitted.
-3-
4. 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.
Wetland Avoidance Areas: The remaining 2000 square feet of mangrove
wetland areas adjacent to the project area shall not be disturbed by any activities
that would degrade the ecological integrity including dredging, filling, land
clearing, or other construction work whatsoever except as authorized by this
permit.
6. Manatee Conditions: The Permittee shall comply with the "Standard Manatee
Conditions for In -Water Work — 2011" (Attachment 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 5).
8. Daylight Hours: All activities must be completed during daylight hours.
9. North Atlantic Right Whale: Attachment 6 describes the presence of North
Atlantic right whales in the area and the Federal regulations governing the
approach to North Atlantic right whales.
10. Construction Location: Project construction shall take place from uplands or
from floating equipment (e.g., barge); prop or wheel -washing is prohibited.
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 7 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
12
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.Cultural Resources:
a. No structure or work shall adversely affect impactor 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
5.11
Florida Statutes. All work and ground disturbing activities within a 100-
meter diameter of the unmarked human remains shall immediately cease
and the Permittee shall immediately notify the medical examiner, Corps,
and State Archaeologist 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 Archaeologist
and from the Corps.
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 RGP(s), please contact Jerilyn Ashworth by
telephone at 561-472-3516.
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
hftp://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware
this Internet address is case sensitive; and, you will need to enter it exactly as it
appears above. Your input is appreciated — favorable or otherwise.
Sincerely,
Jerilyn Ashworth
Project Manager
Enclosures
-z-
cc:
CESAJ-RD-E
GENERAL CONDITIONS
33 CFR PART 320-330
1. The time limit for completing the work authorized ends on the dates identified in the
letter.
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 or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2013-02374(GP-JKA)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970,
Jacksonville, FL 32232-0019 or by electronic mail at
saj-rd-enforcement@usace.arrny.mil.
(TRANSFEREE -SIGNATURE)
(DATE)
(NAME -PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
(SUBDIVISION)
(LOT)
(BLOCK)
(STREET ADDRESS)
3046 NW Radcliffe Way - Google Maps Page I of 1
ATTACHMENT 1: SAJ-2013-02374
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RIVERBEND LOT 13 - 3046 RADCLIFFE WAY PALM CITY, FL 34990
SEAGRASS SURVEY PERFORMED BY ADAM TRENTER ON 07-05-19
NO SAV OBSERVED WITHIN 50' RADIUS OF PROJECT SITE
(no submerged aquatic vegetation present)
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"'NOTES-
- LAYOUT PER ST L CIE COUNTY PROPERTY APPRAISER MAP
-TURBIDITY CURT INTO BE USED DURING MARINE PILE INST,
- PROPOSED DEC CARD NOT SHOWN FOR CLARITY
- SEE MANUFACTU ER SPECS FOR BOATLIFT LAYOUT
ADJACENT
SINGLE
FAMILY
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46
SETBACK
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SETBACK
PLATFORM
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APPROACH WALH
SANTIAGO MELIANS
3046 NW RADCLIFFE WAY
PALM CITY, FL 34990
PARCEL ID: 4425-703-0018-000-4
RIVERSEND LOT #13
PROPOSED DOCK, & LIFT
PLAN VIEW
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ST LUCIE RIVER
OPEN AREA
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JCIE COUNTY PROPERTY
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- TURBIDITY CURTi
IN TO BE USED DURING
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- PROPOSED DECK
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ST LUCIE RIVER
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SETBACK
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-4,150'WIDE
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UNDER PRIOR PERMIT APPROVAL
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SEE MANUFACTURER SPECS j__
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PROPOSED 8" 0 MARINE PILE
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(ACCESS PIER TYP)
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- PT IS AS FOLLOWS: 2.60 CCA (MARINE PILES), 0.60 CCA (SUB -FRAMING), DECKING IS TREX COMPOSITE
- ALL WOOD TO BE SYP GRADE 1 OR BETTER
- ALL HARDWARE TO BE HDG, UNLESS NOTED
- BOLT ASSEMBLY KIT INCLUDES: B" 0 BOLT, 3" 0 WASHER, HEX NUT
- OUTSIDE STRINGERS CONNECTED TO MARINE PILE W (1) BOLT ASSEMBLY KIT
- INSIDE STRINGERS CONNECTED TO CROSS -TIE WITH #10 TOE NAIL
- CROSS -TIES CONNECTED TO MARINE PILE W/ (2) BOLT ASSEMBLY KITS
- 24 TREX DECKING CONNECTED TO STRINGERS WI #10 SS DECK SCREWS, 2 PER BOARD PER STRINGER
- NON-STRUCTURAL PILE WRAP AND PILE CONE ACCESSORIES ARE OPTIONAL.
MHW
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VARIES
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8' INTO
IRM SOIL
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PROPOSEDDOCK
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PT IS AS FOLLOWS: 2.60 CCA (MARINE PILES), 0.60 CCA (SUB -FRAMING), DECKING IS TREX COMPOSITE
- ALL WOOD TO BE SYP GRADE 1 OR BETTER -
-ALL HARDWARE TO BE HDG, UNLESS NOTED
- BOLT ASSEMBLY KIT INCLUDES: t" 0 BOLT, 3" 0 WASHER, HEX NUT
- OUTSIDE STRINGERS CONNECTED TO MARINE PILE W/ (1) BOLT ASSEMBLY KIT
- INSIDE STRINGERS CONNECTED TO CROSS -TIE WITH #10 TOE NAIL
- CROSS -TIES CONNECTED TO MARINE PILE WI (2) BOLT ASSEMBLY KITS
- 2x6 TREX DECKING CONNECTED TO STRINGERS W/ #10 SS DECK SCREWS, 2 PER BOARD PER STRINGER
- NON-STRUCTURAL PILE W AND PILE CONE ACCESSORIES ARE OPTIONAL
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ATTACHMENT 2: SA4-2013-02374'
COMMENCEMENT NOTIFICATION
Within ten (10) days of initiating the authorized work, submit this form via electronic mail to
saj-rd-enforcement@usace.army. mil (preferred, not to exceed 15 MB) or by standard mail
to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1. Department of the Army Permit Number: SAJ-2013-02374(GP-JKA)
2. Permittee Information:
Name:
Email:
Address:
Phone:
3. Construction Start Date:
4. Contact to Schedule Inspection:
Name:
Email:
Phone:
Signature of Permittee
Printed Name of Permittee
Dated 9/18/2019
ATTACHMENT 3: SAJ-2013-02374
AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Within sixty (60) days of completion of the authorized work, submit this form and one set of as -
built engineering drawings via electronic mail to sai-rd-enforcement(t�usace.armvmil (preferred,
but not to exceed 15 MB) or by standard mail to U. S. Army Corps of Engineers, Enforcement
Section, P.O. Box 4970, Jacksonville, FL 32232-0019. If you have questions regarding this
requirement, please contact the Enforcement Branch at 904-232-3131.
1. Department of the Army Permit Number: SAJ-2013-02374(GP-JKA)
2. Permittee Information:
Name:
Address:
3. Project Site Identification (physical location/address):
4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required
by Special Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on -site
observation, scheduled and conducted by me or by a project representative under my direct
supervision. I have enclosed one set of as -built engineering drawings.
Signature of Engineer
(FL, PR, or VI) Reg. Number
City
(Affix Sea])
Name (Please type)
Company Name
State
ZIP
Date
=2-
Telephone Number
Date Work Started: Date Work Completed:
Identify any deviations from the approved permit drawings and/or special conditions (attach
additional pages if necessary):
Dated 9/18/2019
. ATTACHMENT 4: SAA-2013-02374
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 mperiledSpecies(o)myFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8'/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.
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO 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:
Wildlife Alert:
400,
1-888-404-FWCC(3922)
cell * FWC or #FWC
ATTACHMENT 5: SAJ-2013-02374
e
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
(http://www.fisheries.noaa.gov/pr/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) (APA 0.) 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) (APA 1.) 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.
ATTACHMENT 6: SAJ-2013-02374
1Vortn Atlantic R1gnt wlla►e 1nIormatlon corm
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.eefr.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 underw a vessel must steer
soo yarns
a
ay, 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.goy/pr/species/mammals/cetaceans/rightwhale northatlantic htm or
b. www.eefr.gov
ATTACHMgNT 7= SAJ-2013-02374
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: jaxreesna fws.gov; South Florida Field Office:
verobeach@fws.eov; Panama City Field Office: panamacity@a,fws.eov). 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 I 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 refugia, such as other animal burrows, stumps,
roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June,
with young hatching in late July through October.
PROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is
classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife
Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered
Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm,
harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct.
Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or
imprisonment for criminal offenses, if convicted.
Only individuals currently authorized through an issued Incidental Take Statement in association
with a USFWS Biological Opinion, or by a Section I0(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
PRE -CONSTRUCTION ACTIVITIES
1. The applicant or designated agent will post educational posters in the construction office and
throughout the construction site, including any access roads. The posters must be clearly visible
to all construction staff. A sample poster is attached.
2. Prior to the onset of construction activities, the applicant/designated agent will conduct a
meeting with all construction staff (annually for multi -year projects) to discuss identification of
the snake, its protected status, what to do if a snake is observed within the project area, and
applicable penalties that may be imposed if state and/or federal regulations are violated. An
educational brochure including color photographs of the snake will be given to each staff
member in attendance and additional copies will be provided to the construction superintendent
to make available in the onsite construction office (a final brochure for Plan compliance, to be
printed double -sided on 8.5" x I I" 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 vicinitywhere 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, 21ti3
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 time 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.
L
a
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 10(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.
J'
A
August 12, 2013
ATTENTION:
THREATENED EASTERN INDIGO
SNAKES MAY BE PRESENT ON
THIS SITEM
"r
r
.w�. � �Phaiort?Fo
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.