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)
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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 listed threatened or endangered species, until consultation is concluded, the proposed activity cannot be authorized under SAJ-5.
11. Manatee Key: Prior to verification of authorization, the dichotomous key titled “The Corps of Engineers, Jacksonville District, and the State of Florida Effect
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Determination Key for the Manatee in Florida, March 2013” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2013_FINAL_ManateeKey.pdf) will be used to determine potential manatee impacts. Those determined to be a “may affect” to the manatee will not be authorized until consultation on the project has been concluded with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Additionally, depending on the location of the project, some projects determined to be “may affect, not likely to adversely affect” will not be authorized until consultation on the project has been concluded. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of the permit application.
12. Manatee Construction Conditions: For projects in waters accessible to manatees, the permittee will utilize the “Standard Manatee Conditions for In-Water Work, 2011” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered spec ies/Manatee/2011 StandardConditionsForIn-waterWork.pdf) and/or requirements, as appropriate for the proposed activity. Note: The manatee conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.
13. Sea turtles, Sawfish, and Sturgeon Conditions: For projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon, the permittee shall comply with the Project Design Criteria (PDC) for In-Water Activities (Attachment B). Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.
14. Diurnal: All in-water work must occur during daylight hours.
15. Disposal Site: Excavated spoil material shall be deposited in a self-contained upland (i.e., non-wetland pursuant to current Federal criteria) disposal site that will prevent spoil material and/or return water from re-entering any water of the United States or interfering with natural drainage, and which does not support, or is incapable of supporting, any federally proposed, threatened, or endangered species, particularly the Florida scrub-jay or eastern indigo snake, and/or the designated critical habitats of any listed species noted on Table 1 (attached).
a. Florida scrub-jay: Habitat for the Florida scrub jay would include xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, and sand pine scrub. A complete description of Florida scrub jay habitat can be found in the FWS survey guidance found at: (http://www.fws.gov/northflorida/Scrub-Jays/general-survey-guide-082407.htm).
b. Eastern indigo snakes: Prior to verification of authorization, the dichotomous key titled “South Florida Eastern Indigo Snake Programmatic Effect Determination Key, August 2017” (see
5 http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Indigo/20170801_letter_Service%20to%20Corps_Revised%20EIS%20Key.pdf?ver= 2017-08-03-145030-510) or “North Florida Eastern Indigo Snake Programmatic Effect Determination Key, August 2013” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Indigo/20130813_ltr_Update%20addendum_2010%20COE%20Programmatic%20E IS%20Key.pdf?ver=2013-08-20-095421-223) will be used to determine potential Eastern indigo snake impacts. Both Key’s are located on the Jacksonville District website in the Source Book section. Those determined to be a “may affect” to the Eastern indigo snake will not be authorized until consultation on the project has been concluded with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Additionally, depending on the location of the project, some projects determined to be “may affect, not likely to adversely affect” will not be authorized until consultation on the project has been concluded. Note: The Eastern indigo snake key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of the permit application.
16. Essential Fish Habitat and Endangered Species: Shoreline stabilization activities that require dredging of wetlands will not be authorized under this regional general permit. No work shall be authorized by SAJ-5 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to hard or soft corals, including listed corals, mangroves, estuarine emergent vegetation, marine emergent vegetation, and/or the following species of submerged aquatic vegetation: Johnson’s seagrass (Halophila johnsonii), shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), sago pondweed (Potamogeton pectinatus), clasping-leaved pondweed (Potamogeton perfoliatus), widgeon grass (Ruppia maritima), manatee grass (Syringodium filiforme), turtle grass (Thalassia testudinum), tapegrass (Vallisneria americana), horned pondweed (Zannichellia palustris), and eel grass (Zostera marina). Indirect effects include secondary and cumulative effects. In addition, the project cannot have adverse effects on any other essential fish habitat.
17. Turbidity Control: Turbidity controls measures may be required, and the work must be conducted so as to prevent violations of State Water Quality Standards as established in sections 62-4.242 and 62-4.244 of the Florida Administrative Code and Chapters 62-302, 62-520, 62-522, and 62-550 of the Florida Administrative Code.
18. Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC): Activities qualifying for this RGP must be authorized by the applicable permit or exemption under Part IV of Chapter 373, F.S., and by any authorization required to use or occupy state-owned submerged lands (SSL) under Chapter 253, F.S., and, as applicable Chapter 258 F.S. Such permit, issued by the Department of Environmental Protection, a water management district under s. 373.069, F.S., or a local government with delegated authority under s. 373.441, F.S., will provide the applicable WQC or waiver thereto, and CZCC. WQC is waived for activities authorized under this RGP that qualify for an exemption under s. 403.813(1)(i) or
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373.406, F.S., or the rules of Florida Administrative Code (F.A.C.) adopted under Part IV of Chapter 373, F.S. The Corps under C.F.R. § 325.2(b)(2) may presume CZCC for the above exempt activities by operation of s. 380.23(7), F.S., provided the activity receives the applicable authorization to use and occupy SSL under Chapter 253, F.S., and, as applicable, Chapter 258, F.S., and the rules F.A.C. adopted thereunder. The Corps shall not be precluded from acting on a request to use this RGP before the applicable Sovereign Submerged Lands (SSL) authorization is granted.
19. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas, including the upland disposal area and construction staging areas, to prevent the displacement of fill material outside the work area into waters of the United States. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.
20. 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.
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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.
21. Wetlands: Excavation of wetlands is not authorized by this regional general permit. Wetlands are those areas that are periodically inundated and saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
22. Marked Utilities: No work shall be performed until after the permittee provides notification to the owner(s) or operator(s) of any marked utilities in the area of work.
23. Navigation and Flood Control: Activities authorized under this general permit shall not impede navigation or affect flood control.
24. Activities Affecting Structures or Works Built by the United States: If an activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project (a “Corps project”), the activity is not authorized until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the Corps project, and the district engineer issues a written verification.
25. State-listed fish and wildlife species: This RGP 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.myfwc.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.
26. Discretionary Authority: Conformance with the descriptions and criteria contained herein does not necessarily guarantee authorization under this regional general permit. The District Engineer reserves the right to require that any request for authorization under this regional general permit be processed as a standard permit.
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27. Expiration Date: This regional general permit will be valid for a period of five years from the date authorized unless suspended or revoked by the District Engineer prior to that date. If SAJ-5 expires or is revoked prior to completion of the authorized work, authorization of activities that have commenced or are under contract to commence in reliance on SAJ-5 will remain in effect provided the activity is completed within 12 months of the date SAJ-5 expired or was revoked.
28. General Conditions: The permittee shall perform all work in accordance with the general conditions for permits. The general conditions attached hereto are made a part of this permit.
AGENCY COORDINATION: This proposed RGP is being coordinated via separate letter with the U.S. Fish and Wildlife Service as required under Section 7 of the Endangered Species Act, and with the National Marine Fisheries Service – Habitat Conservation Division for Essential Fish Habitat as required under the Magnuson- Stevens Fishery Conservation and Management Act.
RESPONSE: Comments regarding this proposed reissuance of Regional General Permit SAJ-5 should be submitted in writing to Ms. Krista Sabin at the letterhead address or electronic mail at [email protected] within 30 days from the date of this notice. If no adverse comments are received, evaluation may continue without further notice.
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GENERAL CONDITIONS 33 CFR PART 320-330
1. The time limit for completing the work authorized ends on the dates identified in the letter.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Table 1 Federally Listed Species in Florida 2017 Consultation for SAJ-5 Reauthorization
Finding Agency Status Species Listing
MAMMALS No Effect FWS E Myotis grisescens Bat, Grey No Effect FWS E Odocoileus virginianus clavium Deer, Key MANLAA FWS* E Trichechus manatus Manatee, West Indian No Effect FWS E Peromyscus polionotus phasma Mouse, Anastasia Island Beach No Effect FWS* E Peromyscus polionotus allophrys Mouse, Choctawhatchee Beach No Effect FWS E Peromyscus gossypinus allapaticola Mouse, Key Largo Cotton No Effect FWS* E Peromyscus polionotus trissyllepsis Mouse, Perdido Key Beach No Effect FWS T Peromyscus polionotus niveiventris Mouse, Southeastern Beach No Effect FWS* E Peromyscus polionotus peninsularis Mouse, St. Andrew Beach No Effect FWS E Puma concolor coryi Panther, Florida No Effect FWS E Sylvilagus palustris hefneri Rabbit, Lower Keys Marsh No Effect FWS* E Oryzomys palustris natator Rice Rat (Lower FL Keys) No Effect FWS E Microtus pennsylvanicus dukecampbelli Vole, Florida Salt Marsh No Effect NMFS E Balaenoptera musculus Whale, Blue No Effect NMFS E Balaenoptera physalus Whale, Finback No Effect NMFS E Megaptera novaeangliae Whale, Humpback No Effect NMFS* E Eubalaena glacialis Whale, Right No Effect NMFS E Balaenoptera borealis Whale, Sei No Effect NMFS E Physeter macrocephalus Whale, Sperm No Effect FWS E Canis rufus Wolf, Red No Effect FWS E Neotoma floridana smalli Woodrat, Key Largo
BIRDS No Effect FWS T Polyborus plancus audubonii Caracara, Audubon's Crested MANLAA FWS T Aphelocoma coerulescens Jay, Florida Scrub No Effect FWS* E Rostrhamus sociabilis plumbeus Kite, Everglade Snail No Effect FWS* T Charadrius melodus Plover, Piping No Effect FWS E Ammodramus(=Ammospiza) maritimus mirabilis Sparrow, Cape Sable Seaside No Effect FWS E Ammodramus savannarum floridanus Sparrow, Florida Grasshopper No Effect FWS E Mycteria americana Stork, Wood No Effect FWS T Sterna dougallii dougallii Tern, Roseate No Effect FWS E Vermivora bachmanii Warbler, Bachman's No Effect FWS E Dendroica kirtlandii Warbler, Kirtland's No Effect FWS E Picoides borealis Woodpecker, Red-cockaded
REPTILES & AMPHIBIANS No Effect FWS* T Crocodylus acutus Crocodile, American No Effect FWS* T Ambystoma cingulatum Salamander, Frosted Flatwoods No Effect FWS* E Ambystoma bishopi Salamander, Reticulated Flatwoods MANLAA NMFS/FWS E Chelonia mydas Sea Turtle, Green MANLAA NMFS/FWS E Eretmochelys imbricata Sea Turtle, Hawksbill MANLAA NMFS/FWS E Lepidochelys kempii Sea Turtle, Kemp's ridley MANLAA NMFS/FWS E Dermochelys coriacea Sea turtle, Leatherback MANLAA NMFS/FWS T Caretta caretta Sea Turtle, Loggerhead No Effect FWS T Eumeces egregius lividus Skink, Bluetail Mole No Effect FWS T Neoseps reynoldsi Skink, Sand No Effect FWS T Nerodia clarkii taeniata Snake, Atlantic Salt Marsh MANLAA FWS T Drymarchon corais couperi Snake, Eastern Indigo FISH MANLAA FWS T Etheostoma okaloosae Darter, Okaloosa MANLAA NMFS* E Pristis pectinata Sawfish, Smalltooth MANLAA NMFS/FWS* T Acipenser oxyrinchus desotoi Sturgeon, Gulf MANLAA NMFS E Acipenser brevirostrum Sturgeon, Shortnose
INVERTEBRATES No Effect FWS* T Elliptoideus sloatianus Bankclimber, Purple No Effect FWS E Heraclides aristodemus ponceanus Butterfly, Schaus Swallowtail No Effect NMFS* T Acropora palmata Coral, Elkhorn No Effect NMFS* T Acropora cervicornis Coral, Staghorn No Effect*/MANLAA FWS* E Medionidus penicillatus Moccasinshell, Gulf No Effect*/MANLAA FWS* E Medionidus simpsonianus Moccasinshell, Ochlockonee No Effect*/MANLAA FWS* E Pleurobema pyriforme Pigtoe, Oval No Effect*/MANLAA FWS* E Lampsilis subangulata Pocketbook, Shinyrayed No Effect*/MANLAA FWS T Palaemonetes cummingi Shrimp, Squirrel Chimney Cave No Effect*/MANLAA FWS* T Elliptio chipolaensis Slabshell, Chipola No Effect*/MANLAA FWS T Orthalicus reses Snail, Stock Island Tree No Effect*/MANLAA FWS* E Amblema neislerii Three-ridge, Fat
PLANTS No Effect FWS E Chrysopsis floridana Aster, Florida Golden No Effect FWS E Nolina brittoniana Beargrass, Britton's No Effect FWS E Harperocallis flava Beauty, Harper's No Effect FWS E Campanula robinsiae Bellflower, Brooksville No Effect FWS T Macbridea alba Birds-in-a-nest, White No Effect FWS E Liatris ohlingerae Blazingstar, Scrub No Effect FWS T Bonamia grandiflora Bonamia, Florida No Effect FWS T Eriogonum longifolium gnaphalifolium Buckwheat, Scrub No Effect FWS T Pinguicula ionantha Butterwort, Godfrey's No Effect FWS E Pilosocereus robinii Cactus, Key tree No Effect FWS E Silene polypetala Campion, Fringed No Effect FWS E Schwalbea americana Chaffseed, American No Effect FWS E Cladonia perforata Cladonia, Florida Perforate No Effect FWS E Chionanthus pygmaeus Fringe-tree, Pygmy No Effect FWS T Ribes echinellum Gooseberry, Miccosukee No Effect FWS E Cucurbita okeechobeensis okeechobeensis Gourd, Okeechobee No Effect FWS E Crotalaria avonensis Harebells, Avon Park No Effect FWS E Hypericum cumulicola Hypericum, Highlands Scrub No Effect FWS E Jacquemontia reclinata Jacquemontia, Beach No Effect FWS E Amorpha crenulata Lead-plant, Crenulate No Effect FWS E Lupinus aridorum Lupine, Scrub No Effect FWS E Thalictrum cooleyi Meadowrue, Cooley's No Effect FWS E Galactia smallii Milkpea, Small's No Effect FWS E Dicerandra christmanii Mint, Garrett's No Effect FWS E Dicerandra immaculata Mint, Lakela's No Effect FWS E Dicerandra cornutissima Mint, Longspurred No Effect FWS E Dicerandra frutescens Mint, Scrub No Effect FWS E Warea carteri Mustard, Carter's No Effect FWS E Deeringothamnus pulchellus Pawpaw, Beautiful No Effect FWS E Asimina tetramera Pawpaw, Four-petal No Effect FWS E Deeringothamnus rugelii Pawpaw, Rugel's No Effect FWS T Clitoria fragrans Pigeon Wings No Effect FWS E Spigelia gentianoides Pinkroot, Gentian No Effect FWS E Prunus geniculata Plum, Scrub No Effect FWS E Polygala lewtonii Polygala, Lewton's No Effect FWS E Polygala smallii Polygala, Tiny No Effect FWS E Cereus eriophorus fragrans Prickly-apple, fragrant No Effect FWS E Rhododendron chapmanii Rhododendron, Chapman No Effect FWS E Conradina glabra Rosemary, Apalachicola No Effect FWS E Conradina etonia Rosemary, Etonia No Effect FWS E Conradina brevifolia Rosemary, Short-leaved No Effect FWS E Polygonella myriophylla Sandlace No Effect NMFS* T Halophila johnsonii Seagrass, Johnson's No Effect FWS T Scutellaria floridana Skullcap, Florida No Effect FWS E Eryngium cuneifolium Snakeroot No Effect FWS E Chamaesyce deltoidea deltoidea Spurge, Deltoid No Effect FWS T Chamaesyce garberi Spurge, Garber's No Effect FWS T Euphorbia telephioides Spurge, Telephus No Effect FWS E Torreya taxifolia goveniana Torreya, Florida No Effect FWS E Warea amplexifolia Warea, Wide-leaf No Effect FWS E Justicia cooleyi Water-willow, Cooley's No Effect FWS T Paronychia chartacea Whitlow-wort, Papery No Effect FWS E Polygonella basiramia Wireweed No Effect FWS E Ziziphus celata Ziziphus, Florida
*Finding also applies to Designated Critical Habitat
U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In-Water Activities
November 20, 2017
1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected resources/section 7/threatened endangered/in dex.html
2) (AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to [email protected] and [email protected]. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email [email protected] c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email [email protected] 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
Attachment B Page 1 of 3 construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible.
b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow- riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits.
4) (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
Attachment B Page 2 of 3 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.
Attachment B Page 3 of 3