HomeMy WebLinkAboutDEPARTMENT OF THE ARMY PAPPERWORK- DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4400 PGA BOULEVARD, SUITE 500 ERECEIVED:PALM BEACH GARDENS, FLORIDA 33410
REPLY TO October 15, 2019 ATTENTION OF Regulatory Division
South Branch
Palm Beach Gardens Section
SAJ-2018-00952 (LP-RHF)
SCANNED
BY FILE
Mark Smiley St. Lucie County
624 Kingfish Road
North Palm Beach, FL 33408
Dear Mr. Smiley:
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 install a 765 square foot marginal dock with access pier
and a 4 post boat lift. A portion of the proposed dock will pass through a mangrove
fringe. This portion of the dock will require impacts to 17.6 square feet of red
mangroves, but will be limited to 4 feet wide as required by National Marine Fisheries
Services Construction Guidelines in Florida for Minor Piling -Supported Structures
Constructed in or over Submerged Aquatic Vegetation, Marsh, or Mangrove Habitat
(November 2007) and Jacksonville Programmatic Biological Opinion Project Design
Criteria AP.12.
The project site is located within waters of the US associated with a residential
canal adjacent to 134 Commonwealth Court, in Section 14, Township 34 South, Range
40 East, Fort Pierce, St. Lucie County, Florida.
Geographic Position: Latitude: 27.5167150
Longitude:-80.316053'
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:
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).
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b. For standard mail: U.S. Army Corps of Engineers, Regulatory
Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
c. The Permittee shall reference this permit number, SAJ-2018-00952
(LP-RHF), on all submittals.
2. 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
of any deviations by the Corps.
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
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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
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.
e. If prehistoric or historic artifacts, such as pottery or ceramics, projectile
points, dugout canoes, metal implements, historic building materials, or
any other physical remains that could be associated with Native
American, early European, or American settlement are encountered at
any time within the project site area, the permitted project shall cease
all activities involving subsurface disturbance in the vicinity of the
discovery. The applicant shall'contact the Florida Department of State,
Division of Historical Resources, Compliance Review Section at (850)-
245-6333. Project activities shall not resume without verbal and/or
written authorization. In the event that unmarked human remains are
encountered during permitted activities, all work shall stop immediately
and the proper authorities notified in accordance with Section 872.05,
Florida Statutes.
4. Jacksonville District Programmatic Biological Opinion (JAXBO),
November 2017, Project Design Criteria (PDCs): Structures authorized
under this permit must comply with all applicable PDCs, based on the
permitted activity, as required by JAXBO. Please note that failure to
comply with the applicable PDCs, where a take of listed species occurs,
would constitute an unauthorized take, and noncompliance with this
permit. The NMFS is the appropriate authority to enforce the terms and
conditions of JAXBO. The most current version of JAXBO can be
accessed at the Jacksonville District Regulatory Division internet webpage
Q
in the Endangered Species section of the Sourcebook located at:
Note - JAXBO may be subject to revision at any time. The most recent
version of these conditions must be utilized during the design and
construction of the permitted work. In accordance with the Endangered
Species Act, and for those projects which do not comply with JAXBO,
the Corps will seek individual consultation with the NMFS.
Note - some authorized activities may deviate from the PDCs. In cases,
where the activity (i.e., structure dimensions, length, etc.) deviates from
the PDCs, the permit drawings shall supersede the PDCs.
For each of the following authorized activities subject of this permit, the
permittee shall adhere to the following PDCs, which are attached to, and
made part of, this authorization/verification letter:
Activity 2 - Pile -supported Structures and Anchored Buoys: (AP.1-14;
A2.1-16; S.1; S.2; SA)
5. Manatee Conditions: The Permittee shall comply with the enclosed
(Attachment D) "Standard Manatee Conditions for In -Water Work — 2011.
6. Assurance of Navigation and Maintenance: The Permittee
understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or
work herein authorized, or if, in the opinion of the Secretary of the Army or
his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,
the Permittee will be required, upon due notice from the U.S. Army Corps
of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such
removal or alteration.
7. North Atlantic Right Whale: Attachment E describes the presence of
North Atlantic right whales in the area and the Federal regulations
governing the approach to North Atlantic right whales.
8. Mangroves:
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a. The projects shall be sited and designed to avoid or minimize
impacts to mangroves.
b. Mangrove removal must be conducted in a manner that avoids any
unnecessary removal and is limited to removal to install up to a 4-ft-
wide walkway for a dock.
If the work authorized is not completed on or before October 15 2024,
authorization, if not previously revoked or specifically exten e , s a 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 December 14,
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=regulatory survey and complete our
automated Customer Service Survey. Your input is appreciated — favorable or
otherwise.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Andrew D. Kelly Jr.
Colonel, U.S. Army
District Commander
Enclosures
Attachment A: Drawings
Attachment B: Self Certification Form
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Attachment C: JaxBO PDC's for In -Water Activities
Attachment D: "Standard manatee Conditions for In -Water work — 2011"
Attachment E: North Atlantic Right Whale Educational Pamphlet'
Copies Furnished:
CESAJ-RD-PE (w/ enclosures)
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2018-00952(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
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.
NOTIFICATION O� A , IdtSTRATl1/E APPEAL ° ! ON$ AND PROCESS
ND
QUEST FORAPP
Applicant: Mark Smile File Number: SAJ-2018-00952
Date: 10/1612019
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
X
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
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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 II 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 II 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 II 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 II 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.
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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.
SECTION11 REtZUESTeFOR . P.. PEAL`-or0 ECTIONS TO AN INITfAL'PROF ERED 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.
I P�O I NTJOI PC, NT
'C nF,ORjGI.UESTIONS�6 !It4FORMATIQNt
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.
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SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to
sai-rd-enforcement(Dusace.armv.mil (preferred, not to exceed 15MB) 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-
2. Permittee Information: Name:
Email:
Address:
Phone:
3. Date Authorized Work Started:
Completed:
4. Contact to Schedule Inspection: Name:
Email:
Phone:
5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands,
docks, dredging, etc.):
6. Acreage or Square Feet of Impacts to Waters of the United States:
7. Describe Mitigation completed (if applicable):
8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
44t#tfN1RNN1ift14
I certify that all work and mitigation (if applicable) was done in accordance with the limitations
and conditions as described in the permit. Any deviations as described above are depicted on
the attached drawing(s).
Signature of Permittee
Printed Name of Permittee
Date
Dated 9/18/2019
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.goy/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_ win_d)jb-eji inT!m teLoperations w ILcease until weather
conditions improve and detection is again feasible.
b) All Vessels:
i) Sea turtles: Maintain a minimum distance of 150 ft.
ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).
iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike
Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10
knots or less in Seasonal Management Areas
(hftp:/Aivww.fisheries.noaa.gov/i)r/shipstrikgD.
iv) Mariners shall check various communication media for general information
regarding avoiding ship strikes and specific information regarding right whale
sightings in the area. These include NOAA weather radio, USCG NAVTEX
broadcasts, and Notices to Mariners.
v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right
whales], and porpoises): Maintain a minimum distance of 300 ft.
vi) When these animals are sighted while the vessel is underway (e.g., bow -
riding), attempt to remain parallel to the animal's course. Avoid excessive
speed or abrupt changes in direction until they have left the area.
vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine
mammals are observed, when safety permits.
4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be
monitored and controlled. Prior to initiating any of the work covered under this
Opinion, the Permittee shall install turbidity curtains as described below. In some
instances, the use of turbidity curtains may be waived by the USACE project
manager if the project is deemed too minimal to generate turbidity (e.g., certain
ATON installation, scientific survey device placement, marine debris removal) or if
the current is too strong for the curtains to stay in place. Turbidity curtains
specifications:
a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of
the bottom around all work areas that are in, or adjacent to, surface waters.
b) Use these turbidity barriers throughout construction to control erosion and
siltation and ensure that turbidity levels within the project area do not exceed
background conditions.
c) Position turbidity barriers in a way that does not block species' entry to or exit
from designated critical habitat.
d) Monitor and maintain turbidity barriers in place until the authorized work has
been completed and the water quality in the project area has returned to
background conditions.
e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry
Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm
Bay south to central Biscayne Bay in the lagoon systems on the east coast of
Florida):
i) Projects that include upland earth moving (e.g., grading to install a building or
parking lot associated with a dock and seawall project), must install sediment
control barriers to prevent any upland sediments from reaching estuarine or
marine waters.
ii) The turbidity curtain requirement cannot be waived for any project that moves
or removes sediment (e.g., dredging, auger to create a pile, trenching to
install a cableline). If turbidity curtains are not feasible in an area based on
site conditions such as water current, high wave action, or stormy conditions,
the project must undergo individual Section 7 consultation and is not covered
under this Programmatic Opinion.
5) (AP.11.) Entanglement: All turbidity curtains and other in -water equipment must be
properly secured with materials that reduce the risk of entanglement of marine
species (described below). Turbidity curtains likewise must be made of materials
that reduce the risk of entanglement of marine species.
a) In -water lines (rope, chain, and cable, including the lines to secure turbidity
curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy
metal chains or heavy cables that do not readily loop and tangle. Flexible in -
water lines, such as nylon rope or any lines that could loop or tangle, must be
enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line
from looping and tangling. In all instances, no excess line is allowed in the water.
b) Turbidity curtains and other in -water equipment must be placed in a manner that
does not entrap species within the construction area or block access for them to
navigate around the construction area.
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
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 moeriledSoecies(a)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'YT 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.
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Federal Regulations Governing the Approach to North Atlantic Right Whales
1. 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.eov):Unless otherwise; lawfully allowed or r
unless doing so would create an imminent and serious 1A_
threat to a person or vessel, it is unlawful to: w Soo varasx
(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.goy/pr/species/mammals/cetaceans/ritwhale northatlantic.htm,
or
b. www.ecfr.gov