PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-20
PRIVATE RESIDENTIAL DOCKS/PIER FACILITIES AND MINOR STRUCTURES IN FLORIDA
SAJ-2006-00617(RGP-TLW)
The Jacksonville District is proposing reissuance and updates to RGPs SAJ-17 (Minor Structures in Florida) and SAJ-20 (Private Residential Docks/Pier Facilities in Florida). Updates to the permit special conditions for these RGPs will address protection of threatened and endangered species as well as other regulatory program requirements. Due to the similar nature of activities authorized by the two referenced RGPs, the District is also proposing reissuance of both RGPs under one combined RGP. The proposed combined RGP will retain the identification number “SAJ-20” and will include work currently authorized by the two RGPs. The RGPs can be accessed at: http://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/
PROPOSED WORK: Private residential docks and pier facilities that accommodate not more than four (4) motorized vessels, including those that may be dry stored, such as but not limited to personal watercraft, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of same.
AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Waterway and location: Navigable waters of the United States located throughout the State of Florida, unless otherwise excluded by condition(s) of this RGP.
PURPOSE AND NEED: The District receives a significant volume of permit applications for single-family piers/docks and minor structures throughout the State of Florida. Reissuance of SAJ-20 will serve to improve permitting efficiencies and reduce timeframes for authorization of single family piers/docks and other minor structures in Florida.
BACKGROUND: On April 8, 2013, the Corps reissued RGP SAJ-17 (SAJ-2006-01733) which authorizes construction of minor structures in the State of Florida. This RGP 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, RGP SAJ-17 has been utilized a total of 2244 times. On March 22, 2013, the Jacksonville District, U.S. Army Corps of Engineers (Corps) reissued Regional General Permit (RGP) SAJ-20, for private single family pier in the State of Florida. This RGP 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-20 has been utilized a total of 1853 times.
The term “general permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years general permits may be re-issued, suspended, or revoked. To improve efficiencies and further streamline our regulatory process, the District is proposing to reissue the referenced RGPs under a combined RGP.
An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via a “standard permit”, but the application must be individually evaluated and coordinated with third parties, including the Federal and State resource agencies. Review of an application for a “standard permit” takes additional time to complete as conflict resolution may be required.
PROPOSED PERMIT CONDITIONS: The following special conditions are proposed to be made part of this RGP:
Private residential docks/pier facilities shall be designed to accommodate not more than four (4) motorized vessels, including those that may be dry stored such as but not limited to personal watercraft, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of same.
Other minor structures authorized under this general permit include:
single mooring pilings;
small mooring dolphins (not to exceed a cluster of four);
non-commercial information signage;
boat lifts, hoists, davits. etc.
other minor structures that would have less environmental impact than a small dock.
No work shall be performed until the applicant submits satisfactory plans for the proposed structure and receives written authorization from the District Engineer.
The following areas are specifically excluded from authorization under SAJ-20:
Motorboat prohibited zones, no entry zones, and Federal
Manatee Sanctuaries.
All areas regulated under the Lake Okeechobee and Okeechobee
Waterway Shoreline Management Plan, located between St. Lucie Lock in Martin County and W.P. Franklin Lock in Lee County.
Monroe County
American Crocodile designated critical habitat, 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 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.
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.
Kings Bay/Crystal River/Homosassa/Salt River system (Citrus
County) and canals connected to these waterways.
Lake Miccosukee (located on the common boundary of Leon and
Jefferson Counties).
Within the coastal lakes, their outfalls and/or the shore areas
between the lakes and the Gulf of Mexico as depicted on the attached map (Attachment 1).
Elkhorn coral (Acropora palmata) and Staghorn coral
(Acropora cervicornis) designated critical habitat (Attachment 2).
j . Areas on or contiguous to ocean beaches.
k. Smalltooth sawfish limited exclusion zones (Attachment 3).
Timucuan Ecological and Historical Preserve: No structures shall be authorized by SAJ-20 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.
This RGP has undergone consultation with U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) in accordance with Section 7, Endangered Species Act, on Federally listed species and designated critical habitat within their purview (Attachment 4). If the proposed activity requires additional consultation under the Endangered Species Act with the FWS and/or NMFS on: 1) these or any other federally listed threatened or endangered species or species proposed for Federal listing; or 2) designated critical habitat or proposed designated critical habitat for these or any other federally listed threatened or endangered species, or proposed species, then, until consultation is reinitiated and concluded, and the agency determines that the activity will not jeopardize the continued existence or adversely modify critical habitat, the proposed activity cannot be authorized under this RGP.
Prior to verification of authorization, the dichotomous key titled, "The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, March 2011," (see http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) will be used to determine potential manatee impacts. Those determined to be a "may affect" to the manatee will not be authorized unless consistent with the 2011 Manatee Programmatic Consultation or individual consultation on the project is required and has been reinitiated and 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.
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/Missions/Regulatory/SourceBook.aspx) 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.
For projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, Atlantic sturgeon, or shortnose sturgeon, the Permittee shall comply with the Project Design Criteria (PDC) for In-Water Activities (Attachment 5) and PDC for In-Water Noise from Pile and Sheet Pile Installation (Attachment 6). 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.
The Permittee shall adhere to the NOAA Fisheries Service Vessel Strike Avoidance Measures and Reporting /or Mariners (Attachment 7) (see
http://www. saj. usace.army .mil/Missions/Regulatory/SourceBook.aspx).
In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized until consultation has been concluded with the U.S. Fish and Wildlife Service (USFWS): 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)..
12. Projects proposing installation of any size of metal piling or metal sheet piling by impact hammer cannot be authorized under SAJ-20 until individual consultation has been initiated and concluded with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, as appropriate.
13. For projects located in Gulf Sturgeon Critical Habitat Migratory Restriction Zones, the permittee shall comply with the PDCs specific to the Gulf Sturgeon Critical Habitat Migratory Restriction Zones (Attachment 8).
14. No work shall be authorized which causes adverse impact to hard or soft corals, hardbottom or other essential features within staghorn or elkhorn coral designated critical habitat. Essential features are natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover. Projects must comply with the PDCs specific to Mangroves, Seagrasses, Corals and Hard Bottom for All Projects (Attachment 9).
15. The permittee agrees to comply with the PDCs for the proposed work in accordance with the National Marine Fisheries Service’s (NMFS) Biological Opinion referred to as JaxBO, issued November 20, 2017. These PDCs are made conditions of this RGP. Failure to comply with these conditions could result in enforcement action by the Corps and/or NMFS.
16. No work shall be authorized by SAJ-20 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to mangroves, estuarine emergent vegetation, marine emergent vegetation, and/or the following species of submerged aquatic vegetation: shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), Johnson's seagrass (Halophila johnsonii ), sago pondweed (Potamogeton pectinatus ), clasping-leaved pondweed (Potamogeton perfoliatus ), widgeon grass (Ruppia maritima), manatee grass (Syringodium jiliforme ), 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. Adverse impacts to aquatic vegetation from dock construction shall be avoided by adherence to the attached joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's "Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service - August 2001" (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx).
Note: The Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of the technical tool will be utilized during the evaluation of the permit application.
18. Installation of pier/dock facilities and minor structures: (1) within Johnson’s seagrass critical habitat; (2) within the range of Johnson’s seagrass , but outside of Johnson’s seagrass critical habitat; and (3) outside of both the range and critical habitat for Johnson’s seagrass. Must follow PDC for PDCs Specific to Activity 2 - Pile-Supported Structures and Anchored Buoys (Attachment 10).
19. This permit does not authorize dredging or the removal of red mangrove
(Rhizophora mangle).
20. For projects proposed adjacent to Federally-maintained channels, no structure, including mooring piles, authorized under this regional general permit shall be within the established setback. The setback is normally 100 feet in the various Intracoastal Waterways but may vary in a few specific reaches as well as in other Federal channels. Exact locations of the proposed structures relative to the channel may need to be verified by use of the Florida State Plane (x, y) Coordinate System, calculated from the near-bottom edge of the Federal channel. Any activity within Federal rights-of-way will require the Permittee to enter into a consent-to easement with the Real Estate Division, U.S. Army Corps of Engineers, Jacksonville or Mobile District, as appropriate, prior to the commencement of any construction activity.
21. Assurance of Navigation and Maintenance: For projects authorized under the SAJ-20 in navigable waters of the United States, 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 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. A structure authorized under this regional general permit must not interfere with general navigation.
22. No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the Permittee's expense on authorized facilities in navigable waters of the United States.
23. To maintain no less than 50% of the open-water portion of the waterbody available for public use, structures constructed on canals or channels must not extend more than 25% of the canal/channel width, excluding dense areas of shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline.
24. Cultural Resources/Historic Properties:
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.
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 in the vicinity and notify the Corps within two calendar days. 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.
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.
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.
25. 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 the structure.
26. Turbidity control 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.
27. Activities authorized under this general permit shall not impede navigation or affect flood control.
28. Water Quality Certification (WQC) or waiver thereto, and Coastal Zone Consistency (CZCC): Activities qualifying for this regional general permit (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 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 SSL authorization is granted.
29. State-listed fish or wildlife species: This 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.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.
30. 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.
31. Expiration Date: This RGP will be valid for a period of five years from the date specified above unless suspended or revoked by the District Engineer prior to that date. If SAJ-20 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-20 will remain in effect provided the activity is completed within 12 months of the date SAJ-20 expired or was revoked.
32. The Permittee shall perform all work in accordance with the general permit conditions attached hereto and made a part of this permit (Attachment 11).
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AVOIDANCE AND MINIMIZATION: No fill in wetlands is proposed with this RGP.
COMPENSATORY MITIGATION: No activities would be authorized in wetlands. Due to the minor nature of impacts, and no impacts to wetlands, no compensatory mitigation will be required for the proposed activities.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
ARCHAEOLOGICAL AND CULTURAL RESOURCES: The activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”. By copy of this public notice, the Corps is providing information to the State and Tribes for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized Tribes with concerns in Florida and the Permit Area.
ESSENTIAL FISH HABITAT: This letter serves as a request for consultation with the National Marine Fisheries Service – Habitat Conservation Division on Essential Fish Habitat as required under the Magnuson-Stevens Fishery Conservation and Management Act. The Corps has determined that with adherence to the terms and conditions outlined above, that the list of minor activities covered by this PGP would have only minimal adverse impact on EFH and/or Federally managed fisheries under NMFS’ purview.
THREATENED AND ENDANGERED SPECIES: This RGP will be coordinated via separate letter with the U.S. Fish and Wildlife Service for effects on listed species and designated critical habitat as required under the Endangered Species Act (ESA). This RGP includes certain conditions for compliance with the National Marine Fisheries Service (NMFS), Protected Resources Division Biological Opinion for listed species and designated critical habitat within the State of Florida and the Antilles, referred to as JaxBO.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the State of Florida through either the Department of Environmental Protection and/or one of the state Water Management Districts.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
RESPONSE: Comments regarding this proposed reissuance of RGP SAJ-20 should be submitted in writing to Tracey Wheeler at the letterhead address or electronic mail at Tracey.L.Wheeler@usace.army.mil within 30 days from the date of this notice. If no adverse comments are received, the permit will be reissued without further notice.