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Public Notice DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 REPLY TO ATTENTION OF January 12, 2018 Regulatory Division PUBLIC NOTICE REGIONAL GENERAL PERMIT (RGP) SAJ-5 SAJ-2006-01731(RGP-KDS) MAINTENANCE AND MINOR DREDGING IN FLORIDA PROPOSAL: To simplify and streamline permitting of Department of Army (DA) permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is proposing to update and re-issue the above-listed RGP. A draft of the proposed general permit conditions is provided, below. BACKGROUND: On April 5, 2013, the Corps reissued the above referenced general permit for maintenance dredging in residential canals in the State of Florida. This general permit was originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps’ ORM 2 database, during the time period October 10, 2012 through October 10, 2017, the SAJ-5 has been utilized a total of 56 times. Please note, the category of work has been expanded; therefore, the title of the general permit has changed from Maintenance Dredging in Residential Canals in Florida to Maintenance and Minor Dredging in Florida. AUTHORITY: Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Corps proposes to re-issue RGP SAJ-5 for maintenance and minor dredging in waters of the United States, within the State of Florida, in accordance with the following Special Conditions. WORK AUTHORIZED: The work herein authorized includes new work and maintenance associated with dredging, as described below, throughout the State of Florida. The specific dredge activities and parameters included are: 1. Maintenance dredging is defined as dredging located within the same footprint and to the same depth as previously authorized. If the previously authorized depth is unknown, dredging is limited to -7.0 ft Mean Low Water (MLW) including any advanced maintenance or overdredge. 2. Minor Dredging is defined as new dredging for: a. Accommodating vessel mooring at boat slips around docks and marinas, the size is limited to the minimum necessary to accommodate vessel mooring, not to exceed 5,000 ft². The maximum allowed dredging depth (including overdredge) cannot exceed the depth of the adjacent navigational channel (i.e., controlling depth) or a maximum depth of -7 ft MLW. For projects located adjacent to federal channels (not within the dredged navigational channel), the dredging depth can exceed -7 ft MLW so long as it does not exceed the controlling depth of the federal channel. b. Treasure hunting and salvage operations that use blowers, propeller deflectors, and suctioning devices, the size is limited to a total of 5,000 ft² and is limited to sandy areas only. c. Minor dredging includes dredging to accommodate the placement of shoreline stabilization, outfall structures; boat ramps; upland cut boat ramps and basins; temporary platforms, fill, and cofferdams; and placement of erosion and scour control- measures. This type of dredging is usually required to embed materials and/or to allow smooth transition of the work to the natural surrounding elevation. 3. Muck Dredging for Water Quality: Muck Dredging, or removing accumulated organic to restore natural habitats and for water quality enhancement, as follows: a. Muck dredging cannot be used to increase water depths to support navigation, access, or vessel mooring. b. Dredging depths are limited to only that necessary to remove the muck layer down to natural sediments. SPECIAL CONDITIONS: 1. Written Authorization Required: No work shall be performed until the applicant submits satisfactory plans for the proposed work and receives written authorization from the District Engineer. 2. Excluded Activities: Hopper dredging and dredging of Federal channels is not included. Minor dredging does not include dredging to create new navigational channels. SAJ-5 does not authorize the removal of plugs or the connection of any canal or other non-connected waterbody to navigable waters of the United States or to any other waters of the United States. 3. Exclusion Areas: The following areas are specifically excluded from authorization under SAJ-5: a. Motorboat prohibited zones, no entry zones, and Federal Manatee Sanctuaries. b. Biscayne Bay National Park Protection Zone (Dade County), St. Lucie Impoundment (Martin County), and areas identified in the Wild and Scenic Rivers Act (16 U.S.C. 1317, et seq.): the St. Mary’s River, from its headwaters to its confluence 2 with the Bells River, the entire Wekiva River, including Wekiwa Springs Run, Rock Springs Run, the entire Seminole Creek, and Black Water Creek from its outfall at Lake Norris to its confluence with the Wekiva River, the Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson State Park. c. The following state parks: John Pennekamp Coral Reef State Park, Lignum Vitae Key State Botanical Site and Aquatic Preserve, Long Key State Park, Curry Hammock State Park, and Bahia Honda State Park. d. Canals in the Kings Bay/Crystal River/Homosassa/Salt River system (Citrus County). e. Guana Tolomato Matanzas National Estuarine Research Reserve (St. Johns and Flagler Counties). f. Lake Miccosukee (Leon and Jefferson Counties). g. National Marine Fisheries Service designated smalltooth sawfish limited exclusion zones, and designated Critical Habitat for the Gulf sturgeon and North Atlantic right whale. h. Those areas subject to Shoreline Management Plans (i.e., Lake Seminole and Lake Okeechobee and the Okeechobee Waterway). 4. Timucuan Ecological and Historical Preserve: No work shall be authorized by this RGP within the boundaries of the Timucuan Ecological and Historical Preserve (Duval County) until the National Park Service has been contacted and offered the opportunity to submit comments to the Corps on the effects of the proposed project on the preserve. 5. Smalltooth sawfish critical habitat: a. Maintenance dredging of canals in smalltooth sawfish critical habitat is included as long as it is within the previously authorized dredge footprint and to the previously Corps authorized depth. b. For minor dredging: If only the shallow euryhaline (Mean High Water Line (MHWL) to -3 ft MLLW) water essential feature is present (i.e., no red mangroves), dredged depths are limited to a maximum depth of -3 ft MLLW. If red mangroves are present, dredging, excavation, or disposal is not allowed within 5 ft of all red mangrove prop roots. c. Muck dredging is not allowed in shallow, euryhaline habitat (MHWL to -3 ft MLLW) 3 d. Dredging and disposal activities are not allowed in areas identified as smalltooth sawfish limited exclusion zones, as shown in Attachment A. 6. Gulf sturgeon critical habitat: No treasure hunting or muck dredging is allowed in Gulf sturgeon critical habitat at any time of year. No maintenance or minor dredging is allowed in Gulf sturgeon critical habitat between September and March, when sturgeon are likely to be present in these areas. 7. Acropora critical habitat: This RGP does not cover dredging (maintenance, minor, or muck) and disposal in Acropora critical habitat where the essential features are present. This RGP does not cover projects requiring penetrating or removing underlying hard substrate (e.g., bedrock, hardbottom) using any methods including blasting or fracturing. Treasure hunting is not allowed in Acropora critical habitat. 8. Johnson’s seagrass critical habitat: Treasure hunting is not allowed in waters less than 12 ft (4 m) deep. Muck dredging is not allowed if the essential features are present. 9. U.S. Fish and Wildlife Service Critical Habitat: In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized until consultation, either individually or programmatically, on the projects have been concluded with the U.S. Fish and Wildlife Service (USFWS): Within American crocodile designated critical habitat, Gulf sturgeon designated critical habitat under the jurisdictional responsibility of the USFWS; within the designated critical habitat for federally listed freshwater mussels, and freshwater mussels proposed for listing consisting of the following drainages: Within the main stem, creeks, and tributaries of the following rivers: Escambia (Escambia and Santa Rosa Counties), Yellow (Santa Rosa, Okaloosa, and Walton Counties), Choctawhatchee (Walton, Bay, Washington), Chipola (Jackson, Calhoun, and Gulf Counties), Apalachicola (Jackson, Calhoun, Gadsden, Liberty, Gulf, and Franklin Counties), Ochlockonee (Franklin, Wakulla, Liberty, Leon, and Gadsden Counties), Santa Fe and New (Columbia, Suwannee, Bradford, Baker, Union, Gilchrist, and Alachua Counties), and Econfina Creek and its tributaries (Bay and Washington Counties). 10. Endangered Species Consultation: This permit has undergone consultation with the USFWS and the NMFS, either individually or programmatically, on the listed species and any designated critical habitat noted on Table 1. If the proposed activity requires additional Section 7 consultation under the Endangered Species Act with the USFWS and/or NMFS on: 1) these or any other Federally listed threatened or endangered species or a species proposed for such designation; or 2) designated critical habitat for these or any other Federally listed threatened or endangered species or proposed critical habitat for any Federally
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