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HomeMy WebLinkAboutDEPARTMENT OF THE ARMY PERMITr DEPARTMENT OF THE ARMY PERMIT Permittee: St. Lucie County Parks and Recreation Department Attn: Mr. Matt Baum 3020 Will Fee Road Fort Pierce, Florida 34982 SCANNED BY Permit No: SAJ-2005-03156 (SP-AAZ) St. Lucie County Issuing Office: U.S. Army Engineer District Jacksonville NOTE: The term you and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Proiect Description: The permittee is authorized to remove and replace the docks; boardwalks, a canoe launch, and wood piles at Pepper Park to improve public safety. The existing pilings would remain as the decking and stingers would be replaced. The docks would be replaced in accordance with American Disability Act (ADA) requirements and wheel chair accessibility would be Improved. Additionally, two docks (Dock #1 and #2) would be replaced with a 6-foot wide by 25-foot long terminal platform. Dock #1 shall be construct no less than 5 feet above mean high water while Dock # 2 shall be constructed as a floating dock. Approximately 7,860 square feet (sf) of wood decking would be removed and replaced in the same footprint as existing, of which 5,375 square feet of the proposed structures would be constructed with grated decking material. Dock Dimensions feet) Existing Wood Decking (scivare feet Proposed Grated Decking (square feet Dock #1 5' 4" wide, 197' long — 1,050 755 Dock #2 5' 4" wide, 245' long 1,305 925 Dock #3 5' 4" wide, 188' Ion 1,002 675 Dock #4 5' 4" wide, 113' Ion 602 406 Dock #5 5' 4" wide, 113' long 602 405 Dock #6 5' 4" wide, 182' long 970 650 - Dock #7 5' 4" wide, 231' long 1,231 825 Dock #8 5' 4" wide, 206' long 1,098 735 31M iY.� .yYSN -PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 2 of 10 The work described above is to be completed in accordance with the three (3) pages of drawings and nine (9) additional attachments affixed at the end of this permit instrument. Protect Location: Pepper Park is located within navigable waters of the United States (U.S.) in Wildcat Cove in the Indian River Lagoon adjacent to Pepper Park on Hutchinson Island, Fort Pierce, Section 25, Township 34 south, Range 40 east, St. Lucie County, Florida. Directions to site: From U.S. Highway 1 in Fort Pierce, travel east (right) onto County Road (CR) 605 (also known as Old Dixie Highway/State Road A1A). Travel on State Road A1A for 3.8 miles. Pepper Park entrance is on the left (west of State Road A1A). Approximate Central Coordinates: Latitude: 27.49590 Longitude:-80.30160 Permit Conditions General Conditions: 1. The time limit for completing the work authorized ends on December 21, 2020. 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 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 and the mailing address 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. -PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 3 of 10 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 representatives 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. Special Conditions: 1. Self Certification: Within 60 days of completion of the work authorized, the attached Self -Certification Statement of Compliance must be completed and submitted to the U.S. Army Corps of Engineers (Attachment 2). Mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch, Attn: Jose Rivera, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410. 2. Assurances of Navigation: 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. 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 -PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 4 of 10 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 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. Dock Design: The Permittee shall construct Dock #1 no less than 5-feet above mean high water. 5. Staging Area: All staging areas shall be limited to upland areas and in a manner that -would not cause water quality impacts to the Indian River Lagoon. 6. Manatee Condition: The Permittee shall comply with the enclosed (Attachment 3) "Standard Manatee Conditions for In -Water Work — 2011." -PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 6of10 7. Endangered Species: The Permittee agrees to comply with all of the activity specific Project Design Criteria (PDCs) listed in the National Marine Fisheries Service's (NMFS) Statewide Programmatic Biological Opinion (SWPBO), dated December 4, 2015. Failure to comply with these conditions could result in enforcement action by the Corps and/or NMFS. 8. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006, (Attachment 4). . 9. Turbidity Controls: a. Shall be used throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. b. Shall be made of material in which listed species cannot become entangled (i.e., reinforced impermeable polycarbonate vinyl fabric [PVC]), and shall be monitored to ensure listed species are not entangled or trapped in the project area. c. Shall be removed promptly when the work is complete and the water quality in the project area has returned to background conditions. d. Shall not block entry to or exit from designated critical habitat. 10. Species Reporting: Any collision(s) with and/or injuries to any sea turtle or sawfish occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (727-824-5312) or by email to takereportnmfsser0_noaa.aov and CESAJ-ComglyDocsO)usade.army.mil. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by region at htti)://www.nmfs.noaa.ciov/i)r/health/networks.htLn. Smalltooth sawfish encounters shall be reported to http•//www flmnh ufl edu/fish/sharks/sawfish/sawfishencounters.html. 'Failure to report take of a federally listed threatened or endangered species may lead to suspension, revocation, or modification of this authorization. (From Section 3(18) of -PERMIT NUMBER: SAJ-2005.03166 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 6 of 10 the Federal Endangered Species Act: The term 'take' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.) 11. Marine Life Entrapment: Neither structure nor material or the method of construction shall pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. In -water lines must be industrial grade metal or heavy cables that do not readily loop and tangle. All in -water lines (rope and cable) must be rigid and cannot have excess line in the water. Lines may be enclosed in a plastic or rubber sleeve/tube to add rigidity. 12. Noise Effects Best Management Practices: All projects shall comply with the requirements of the attached "Noise Best Management Practices for Piling Installation" (Attachment 5). 13. Educational Signage: The Permittee shall install educational signs in a visible location on the structure(s) to alert the public of listed species in the area susceptible to vessel strikes or hook -and -line captures. The most current version of the signs are available at (http //sero nmfs noaa gov/protected resources/section 7/protected species education al signs/index.html). 14. Monofilament Recycling Bins: Monofilament recycling bins must be installed and maintained in accordance with the information provided http://mrri).mOW.Com. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) ( ) Section 404 of the Clean Water Act (33 U.S.C. 1344) ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 7 of 10 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 8 of 10 c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the, suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. /a P I (PERMITTEE) (DATE) Mr. Matt Baum St. Lucie County Parks and Recreation Department A4.grr 134uM (PERMITTEE NAME -PRINTED) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. D191U11y sign by NCESPWb AIEIGH.1257372320 RICE.SAMANTHA.LEIGH.1257372320 °� p;��,„ &M�H.M73;°O°"-`" °"-05A NW 2015.12.201554:10 -05'00' (DISTRICT ENGINEER) (DATE) Jason A. Kirk Colonel, U.S. Army District Commander PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 9 of 10 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. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE -SIGNATURE) (NAME-PRI (ADDRESS) (CITY, STATE, AND ZIP CODE) (DATE) ti PERMIT NUMBER: SAJ-2005-03156 (SP-AAZ) PERMITTEE: St. Lucie County Parks and Recreation Department PAGE 10 of 10 Attachments to Department of the Army Permit Number SAJ-2005-03156 (SP-AAZ) 1. PERMIT DRAWINGS: Fourteen (14) pages 2. SELF -CERTIFICATION FORM: One (1) page 3. STANDARD MANATEE CONDITONS FOR IN -WATER WORK: Two (2) pages dated 2011 4. SEA TURTLE AND SMALLTOOTH SAWFISH CONDITIONS: One (1) page dated March 23, 2006 5. NOISE EFFECTS: Noise Best Management Practices for Piling Installation, five (5) pages IN SECTION 25, TOWNSHIP 34 SOUTH, RANGE 40 EAST SAINT LUCIE COUNTY, FLORIDA PREPARED FOR LOCATION MAP N.T.& ' 25 TOMMaP, 34 SOVM PANGE 40 EAST N.T.S. INDEX TO SHEETS NS�T DESCRIPTION 1 COVER SHEET 2-3 EXISTING SITE PLAN 4-5 DEMOLMON PLAN 6 SITE PLAN 7 MOT PLAN 3-13 DOCK PROFIMS 14 1 DOCK DETAIIS �,: __�.. �{`4l red t. ,-.�.°:�. "�, z ��... s .: us�C''rt �. d,. a. �. %.3 ,�. �I< ,iiu Mw:' Gz W1Mel��,rn.,,�r.,�w !4�rll-�...i�'ti �.ir .Nm§...,hf. r!r .'_ -_ -. r O+00 0+20 0+40 0+60 0F80 1+00 1•zu �*•w DOCK-1 MEAN HIGH WATER DOCK-1 MEAN IDW WATER • ov+z oz.z OW ov+t nz+t 004 oew os+o o>ro ouc r 111,11Ai r I f I ..- _ aul b �- �9I YR UELVA1 Emu brVa 1 ar+z OZ+Z oo+z 06+L 1 i r 1 1 : �1 M3,72Aw PQF�R�k WU NlPlv00jvVW5 9 >rjcci 08+0 09+0 0P40 J oz+o 00+0 - --------- - - --------- . . . . . . . ..... - -- ------- ..... . . . . . SMOOG 09+0 DV+O OZ+O M+O NIn O O O 1 12 l Id don. TdTn. : PbdPR9 P!/. tiW. 1�n� PR IbVOA. —I.. pl[ d� - -- -' - 0+20 0+40 0+80 0+80 1+00 1+20 1+40 7+60 1+80 0+00 DOCK e GRATING 19 (TYP) Wa6pNup bn Pmadspan PT.Za1]•I . a 7 d. 2b .wN an I+oPNlallc Pa'/mrol eesYi, aRorinO +uel PROP. GANGWAY •ro'n+p�wd+.�.awP mabm.«oorlao-+T �._es� aolus mo bonom.dMMm Pn A AC PU, I I WatmetlunkalyandtbbmlwMMds Walmdl FIYTCfo GpWq+MERIW un WcyW �Prcl+l. IVuo2 SNW NPfLIQ3bNl mpN airo'ruheew.-ee Q'Owo ha,dpd m: a Ptkd by M CePW��P 'd'_...�m. eccopWblu ro m [. C..P wtP.W* M may 0 0 0 0 0 0 0 0 0 o Hakanen NPwda.. 'TCPpv faP(rop r-I TYPICAL GANGWAY DETAIL I I K •= I I GATING DOCK DETAIL I Lm [. r-r I I I I 25 i fr R.e � mY �� I o � •I a11✓ rar r� _ DOCK PLAN I I m LJ m )ATING DOCK PLAN s e n^g 2es "P A-� Y` s g u: a to"_k 32,61S a - q 9 ANA PC use sea Y aG' PS �P a }L}i't F ETA.; 2 $g�•E g�^s F d F L no'E@F R e3g2g e e �Ipg 6 6 $ p�y3jyn��yyyp� � 1 Q 7� s t73 SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2005.03156 (SP-AAZ) Permittee's Name & Address (please print or Telephone Number: Location of the Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: TO SCHEDULE AN INSPECTION PLEASE CONTACT AT YES NO Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee 3 Full Name of Permittee (printed or typed) Date STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water -related activities for the presence of manatee(s). All In -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSPecies(cDmyFWC 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'/" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. When a manatee is within 50 feet of work all in -water activities must SHUT ®OWN Report any collision with or injury to a manatee: Wildlife Alert: '1-888-404-FWCC (3922) cell *FWC or #iFWC ,'WAT or�py n eau r sTnresor�' UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARLNE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The perrnittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\fonns\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc AaWpo� ,. 4Li�,maaPu` Noise Best Management Practices (BMPs) for Piling Installation The following best management practices are designed to reduce the exposure to sea turtles, smalltooth sawfish, and sturgeon to potential harmful daily noise exposure levels associated with pile driving during dock and seawall construction activities. Noise BMP Plan A (For all projects): Sea Turtle, Smalltooth Sawfish, and Sturgeon Construction Conditions The permittee shall comply with the following protected species construction conditions: a. All construction personnel are responsible for observing water -related activities to detect the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing species protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which protected species cannot become entangled, be properly secured, and be regularly monitored to avoid protected species' entrapment. Barriers may not block protected species entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. If a protected species is seen within 100 yd of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure Its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 ft of a protected species. Operation of any mechanical construction equipment shall cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. e. Any injury to a protected species shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding/rescue organization. f. All work must occur during daylight hours. Noise BMP Plan B (for Impact Pile -Driving Installation of 6 or More Concrete Piles per Day) The permittee shall follow all conditions defined in the Noise BMP Plan A above plus the conditions provided below: 1. It must be determined if the project occurs in open water or a confined space. This differentiation is important because if a project occurs in a confined space, an animal may not move through or past a noise source to escape it. A confined space is defined as any area that has a solid object (e.g., shoreline, seawall, jetty) or structure within 150 feet (ft) of the pile installation site that would effectively serve as a barrier or otherwise prevent animals from moving past it to exit the area. This does not include objects such as docks or other pile -supported structures that would not stop animal movement or significantly reflect noise. 2. If the project is located in open water, up to 10 concrete piles measuring up to 24-in diameter may be installed per day. If the project is located in a confined space, up to 5 concrete piles measuring up to 24-in diameter may be installed per day. 4. If more than 5 piles will be installed per day in a confined space, noise abatement measures (below) are required for all of the concrete piles installed that day with a maximum of 10 piles installed per day. Noise Abatement Measures: Approved noise abatement measures include noise attenuation piles (TNAP) and/or bubble curtains. TNAP design must be constructed of a double -walled tubular casing (a casing within a larger casing), with at least a 5-inwide hollow space completely filled with closed -cell foam or other noise dampening material between the walls. The TNAP must be long enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend at least 3 ft above the surface of the water. Bubble curtain design must adhere to the guidelines for unconfined and confined bubble curtains defined below, and be followed as detailed in the USACE permit application. The use of any other alternative noise control method must receive prior approval by NMFS and the USACE. If the required noise abatement measure discussed above cannot be used, then the pile must be installed by a different method using the appropriate noise BMPs defined in this document. (e.g., concrete piles may be installed by vibratory hammer instead, following BMP Plan A). Bubble Curtain Specifications for Pile Driving When using an impact hammer to drive or proof concrete piles, use one of the following sound attenuation methods: 1. If water velocity is equal to or less than 1.6 ft per second (1.1 miles per hour) for the entire installation period, surround the pile being driven by a confined or unconfined bubble curtain that will distribute small air bubbles around 100% of the pile perimeter for the full depth of the water column. a. General - An unconfined bubble curtain is composed of an air compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration pipe, and a frame. The frame facilitates transport and placement of the system, keeps the aeration pipes stable, and provides ballast to counteract the buoyancy of the aeration pipes in operation. b. The aeration pipe system shall consist of multiple layers of perforated pipe rings, stacked vertically in accordance with the following: Water Depth (m) No. of Layers 0 to less than 5 2 5 to less than 10 4 30 to less than 15 7 15 to less than 20 10 20 to less than 25 13 c. The pipes in all layers shall be arranged in a geometric pattern which shall allow for the pile being driven to be completely enclosed by bubbles for the full depth of the water column and with a radial dimension such that the rings are no more than 0.6 m from the outside surface of the pile. The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without burial and shall accommodate sloped conditions. ii. Air holes shall be 1.6 millimeter (mm) (1/16-in) in diameter and shall be spaced approximately 20 mm (3/4 in) apart. Air holes with this size and spacing shall be placed in 4 adjacent rows along the pipe to provide uniform bubble flux. iii. The system shall provide a bubble flux 3.0 m3 per minute per linear meter of pipe in each layer (32.91 ft3 per minute per [in ft of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: V = 3.0 m3lmin/m * Circumference of the aeration ring in m or V = 32.91 ft3/min/ft * Circumference of the aeration ring in ft iv. Meters shall be provided as follows: • Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. • Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet, the flow meter at the compressor can be eliminated. Flow meters shall be installed according to the manufacturers recommendation based on either laminar flow or non -laminar flow. 2. If water velocity is greater than 1.6 ft per second (1.1 miles per hour) at any point during installation or if constructing a seawall, surround the pile or area being driven by a confined bubble curtain (e.g., a bubble ring surrounded by a fabric or non-metallic sleeve). The confined bubble curtain will distribute air bubbles around 100% of the pile perimeter for the full depth of the water column, according to specifications below. a. General - A confined bubble curtain is composed of an air compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration pipe(s), and a means of confining the bubbles. b. The confinement shall extend from the substrate to a sufficient elevation above the maximum water level expected during pile installation such that when the air delivery system is adjusted properly, the bubble curtain does not act as a water pump (i.e., little or no water should be pumped out of the top of the confinement system). c. The confinement shall contain resilient pile guides that prevent the pile and the confinement from coming into contact with each other and do not transmit vibrations to the confinement sleeve and into the water column (e.g., rubber spacers, air -filled cushions). d. In -water less than 15 m deep, the system shall have a single aeration ring at the substrate level. In -waters greater than 15 m deep, the system shall have at least 2 rings: 1 at the substrate level and the other at mid -depth. e. The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without sinking into the substrate and shall accommodate for sloped conditions. f. Air holes shall be 1.6 mm (1/16-in) in diameter and shall be spaced approximately 20 mm (3/4 in) apart. Air holes with this size and spacing shall be placed in 4 adjacent rows along the pipe to provide uniform bubble flux. g. The system shall provide a bubble flux of 2.0 m3 per minute per linear meter of pipe in each layer (21.53 ft3 per minute per fin ft of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: Vt = 2.0 m3/min/m * Circumference of the aeration ring in m or Vt = 21.53 ft3/min/ft * Circumference of the aeration ring in ft h. Flow meters shall be provided as follows: Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. if. Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet, the flow meter at the compressor can be eliminated. iii. Flow meters shall be installed according to the manufacturer's recommendation based on either laminar flow or non -laminar flow.