Loading...
HomeMy WebLinkAboutDEPARTMENT OF THE ARMY PAPPERS41W A4 2 •L3 � LP tQ 6P Regulatory Division South Permits Branch DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 March 20, 2017 Palm Beach Gardens Permits Section SAJ-2017-00169 (NW-CGK) SCBYNED 10701Venture Out SouthlOcean Drive St. LUCE?CoU17tV Jensen Beach, Florida 34957 Dear Venture Out Inc.: File Copy MAY 0 2 2017 PER.N7IrnNG St. Lucie County, FL Your application for a Department of the Army permit received on January, 16 2017, has been assigned number SAJ-2017-00169 (NW-CGK). A review of the information and drawings provided shows the proposed work is to replace 56 linear feet of concrete seawall within 18 inches wet face to wet face of existing seawall, and install 14 king and batter pilings. The project would affect waters of the United States within the Indian River Lagoon adjacent to 10701 South Ocean Drive, in Section 11, Township 37 South, Range 41 East, Saint Lucie County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 13. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2022. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 82, dated January 6, 2017, specifically pages 1983 to 2008, and the table of Regional Conditions. The Intemet page address is: hftp://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on "Source Book'; and, then click on "Nationwide Permits." These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 13. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific -2- condition of this authorization or you maybe subject to.enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re -verification may be required. The following special conditions are included with this verification: 1. Self -Certification Statement of Compliance: Within 60 days of completion of the work authorized, the enclosed "Self -Certification Statement of Compliance" (Attachment B) must be completed and submitted to the U.S. Army Corps of Engineers. Email the completed form to: CESAJ-ComplyDocs@usace.army.mil or mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410. 2. 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. 3. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment C) "Standard Manatee Conditions for In -Water Work — 201 V' 4. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's (Attachment D) "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006. 5. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 6. 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. -3- 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. 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. Incidents where Johnson's seagrass, or any individuals of whale, sea turtle, sturgeon, sawfish, coral, or other species listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this NWP shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Jacksonville District of the U.S. Army Corps of Engineers at 904-232-1177. The finder should leave the plant or animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. 9. Species reporting: Any collision(s) with and/or injuries 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 (727-824-5312) or by email to takereport.nmfsser@noaa.gov and CESAJ-ComplyDocs@usace.army.mil. Sea turtle and marine mammal stranding/rescue organizations' contact information is available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm. Smalltooth sawfish encounters shall be reported to http://www.fimnh. ufl.edu/fish/sharks/sawfish/sawfishencou nters. 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 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.) ma 10. 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. 11. Noise Effects BMPs: All projects shall comply with the requirements of the attached "Noise Best Management Practices (BMPs) for Piling Installation" (Attachment D)10. 12. Cultural Resources/Historic Properties a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground -disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall 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 -5- 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. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this Nationwide permit must qualify for an exemption under section 403.813(1), Florida Statutes or 373.406, Florida Statutes, or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, Florida Statutes, by the Department of Environmental Protection, a water management district under section 373.069, Florida Statutes, or a local government with delegated authority under section 373.441, Florida Statutes, and receive Water Quality Certification and applicable Coastal Zone Consistency Concurrence or waiver thereto, as well as any authorizations required for the use of state-owned submerged lands under Chapter 253, Florida Statutes, and, as applicable, Chapter 258, Florida Statutes. You should check State -permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter of authorization does not include conditions that would prevent the 'take' of a state -listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myNye.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/ ) also maintains updated lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Christian 21.1 Karvounis electronically at Christian.Karvounis@usace.army.mil or 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 http://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, KARVOUNIS.C""°" � HRISTIAN.GE ...X�..,.M.. u.trD.wNyeWX ORGE.153577,a�^^'a 3226 Christian Karvounis Project Manager Enclosures: Attachment A: Drawings Attachment B: Manatee Conditions Attachment C: Sea Turtle and Smalltooth Sawfish Conditions I_TiFTI. Copies Furnished: Linda Petz linenviron@gmail.com CESAJ-RD-PE GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on March 18, 2022 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. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2017-00169 (NW-CGK) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its -limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2017-00169 Permittee's Name & Address (please print or type): Telephone Location of the Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date NOTE t- Concrete to have a min. Compressive Strength of 5000 psi (P 20 days. 2. install new concrete seawall directly in front of ezisfing seawall, within 10' face to face. 1. Pilings final hammer driven to a min. of 6 tons each 4. Pilings to be 12"xt2' prestressed conmetemp to 20' length. { 5 Hai Fic and Venture 3 Common 10701 S. Ocean Dr. Jensen Beach, FL 34957 The work, specified herein has been designed and all work shall be in accordance with the 20f 4 Flraida Building Cade {51h Ed. First printing March 2015). Ali codes reference herein as per: the latest adopted edition. 03 Ties New Concrete Panel~-� thick x 10' wide x tal Ieng King Pile 12"5,12' prestressed ferbod at panel seams; Backfiil Between Eriisting Watl & New Wall panels 57 Pea Rack Min. T+!- mbedment. fore ne Kingpile@' PC5- paneiseam. (vertical) Enlarged I New Seawall for the Venture Cross Three Common Area Cap Pile LJ pen:a etra5 for;piling �'iB t ce to face) t2'z12' Canenate Pilings Concrete Gailmall i1T+j- panal Geotelitile Filter Cloth along backside (landward side) of wall ` Ties panel seam / 2' OC [vectira,l Bauer pile pa el midpoint tangled 4:1t1,-) Expanded King Pile min. 3" ncrete erage vx rebar. a 5p�' f%- �5 rebar 3 re bar ties 141, ®2'0C t '-*5 dowel Wet aid. haokepoay- 1 '12'z12'King ,$', setmin.embedmen(f Cone. Pile-- il d' 2 pa. per pile /_ Expanded rl Batter Pile \ 1rete rage pcs. eba 1 8 �}/- Rt5 rebar rebar 14u hoekepoxy- 12"x12"BaOer : set in. embed Canc. Pit 0" 2 Pa. per fire Wilco Construction, Inc. (772)460-6928; Fax (772)460-6929 Date: 12115/16 Scale: Dim SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2017.00169 Permittee's Name & Address (please print or type): Telephone Number. Location of the Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the. limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date 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 m periledSpecies(abmyFW C.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 81W 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 A11 project vessels IDLE SPEED/NO WAKE q - 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. 1-888-404-FWCC (3922) cell * FWC or #FWC oyo 9 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration R = NATIONAL MARINE 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 permittee 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. i 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:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc 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: 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. 3. If the project is located in a confined space, up to 5 concrete piles measuring up to 24-in diameter may be installed per day. 4. If more than 5 piles will be installed per day in a confined space, noise abatement measures (below) are required for all of the concrete piles installed that day with a maximum of 10 piles installed per day. Noise Abatement Measures: Approved noise abatement measures include noise attenuation piles (TNAP) and/or bubble curtains. TNAP design must be constructed of a double -walled tubular casing (a casing within a larger casing), with at least a 5-inwide hollow space completely filled with closed -cell foam or other noise dampening material between the walls. The TNAP must be long enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend at least 3 ft above the surface of the water. Bubble curtain design must adhere to the guidelines for unconfined and confined bubble curtains defined below, and be followed as detailed in the USACE permit application. The use of any other alternative noise control method must receive prior approval by NMFS and the USACE. If the required noise abatement measure discussed above cannot be used, then the pile must be installed by a different method using the appropriate noise BMPs defined in this document. (e.g., concrete piles may be installed by vibratory hammer instead, following BMP Plan A). Bubble Curtain Specifications for Pile Driving When using an impact hammer to drive or proof concrete piles, use one of the following sound attenuation methods: If water velocity is equal to or less than 1.6 ft per second (1.1 miles per hour) for the entire installation period, surround the pile being driven by a confined or unconfined bubble curtain that will distribute small air bubbles around 100% of the pile perimeter for the full depth of the water column. a. General -An unconfined bubble curtain is composed of an air compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration pipe, and a frame. The frame facilitates transport and placement of the system, keeps the aeration pipes stable, and provides ballast to counteract the buoyancy of the aeration pipes in operation. b. The aeration pipe system shall consist of multiple layers of perforated pipe rings, stacked vertically in accordance with the following: Water Depth (m) No. of Layers 0 to less than 5 2 5 to less than 10 4 10 to less than 15 7 15 to less than 20 10 20 to less than 25 13 c. The pipes in all layers shall be arranged in a geometric pattern which shall allow for the pile being driven to be completely enclosed by bubbles for the full depth of the water column and with a radial dimension such that the rings are no more than 0.5 m from the outside surface of the pile. The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without burial and shall accommodate sloped conditions. H. Air holes shall be 1.6 millimeter (mm) (1/16-in) in diameter and shall be spaced approximately 20 mm (3/4 in) apart. Air holes with this size and spacing shall be placed in 4 adjacent rows along the pipe to provide uniform bubble flux. The system shall provide a bubble flux 3.0 m' per minute per linear meter of pipe in each layer (32.91 ft3 per minute per lin ft of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: Vt 3.0 m3/min/m * Circumference of the aeration ring in m or Vt 32.91 ft'/min/ft * Circumference of the aeration ring in ft iv. Meters shall be provided as follows: • Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. • Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet, the flow meter at the compressor can be eliminated. Flow meters shall be installed according to the manufacturer's recommendation based on either laminar flow or non -laminar flow. 2. If water velocity is greater than 1.6 ft per second (1.1 miles per hour) at any point during installation or if constructing a seawall, surround the pile or area being driven by a confined bubble curtain (e.g., a bubble ring surrounded by a fabric or non-metallic sleeve). The confined bubble curtain will distribute air bubbles around 100% of the pile perimeter for the full depth of the water column, according to specifications below. a. General - A confined bubble curtain is composed of an air compressor(s), supply lines to deliver the air, distribution manifolds or headers, perforated aeration pipe(s), and a means of confining the bubbles. b. The confinement shall extend from the substrate to a sufficient elevation above the maximum water level expected during pile installation such that when the air delivery system is adjusted properly, the bubble curtain does not act as a water pump (i.e., little or no water should be pumped out of the top of the confinement system). c. The confinement shall contain resilient pile guides that prevent the pile and the confinement from coming into contact with each other and do not transmit vibrations to the confinement sleeve and into the water column (e.g., rubber spacers, air -filled cushions). d. In -water less than 15 m deep, the system shall have a single aeration ring at the substrate level. In -waters greater than 15 m deep, the system shall have at least 2 rings: 1 at the substrate level and the other at mid -depth. e. The lowest layer of perforated aeration pipe shall be designed to ensure contact with the substrate without sinking into the substrate and shall accommodate for sloped conditions. 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 lin ft of pipe in each layer). The total volume of air per layer is the product of the bubble flux and the circumference of the ring: Vt = 2.0 m3/min/m * Circumference of the aeration ring in m or Vt = 21.53 ft3/min/ft * Circumference of the aeration ring in ft h. Flow meters shall be provided as follows: Pressure meters shall be installed at all inlets to aeration pipelines and at points of lowest pressure in each branch of the aeration pipeline. ii. Flow meters shall be installed in the main line at each compressor and at each branch of the aeration pipelines at each inlet. In applications where the feed line from the compressor is continuous from the compressor to the aeration pipe inlet, the flow meter at the compressor can be eliminated. iii. Flow meters shall be installed according to the manufacturer's recommendation based on either laminar flow or non -laminar flow.