Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

REGIONAL GENERAL PERMIT (RGP) SAJ-14 SAJ-2005-09981 (RGP-MDZ)

Published Feb. 25, 2019

SUBAQUEOUS UTILITY AND TRANSMISSION LINES IN FLORIDA

Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the Clean Water Act (33 U.S.C. § 1344), general authority is given for activities required for the installation, construction, maintenance, replacement, and repair of subaqueous utility and transmission lines; and, the outfall and intake structures associated with utility lines in all waters of the United States in the State of Florida (where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System program (Section 402 of the Clean Water Act). Authority also is given for discharges associated with the construction, maintenance, replacement, and repair of substations; and, the access roads for the construction and maintenance of subaqueous utility and transmission lines in non-navigable waters of the United States in the State of Florida.  A “utility/transmission line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, wire or optical fiber for the transmission for any purpose of electrical energy, telephone, telegraph messages, digital signal, Internet, and radio or television communication. This RGP is subject to the following conditions:

SPECIAL CONDITIONS:

  1. Description of Authorized Work:  The work herein authorized includes activities required for the installation, construction, maintenance, replacement, and repair of subaqueous utility and transmission lines, outfall and intake structures associated with the utility line, substations, and access roads for the construction and maintenance of same.

     

  2. Construction Plans:  No work shall be performed until the applicant submits satisfactory plans for the proposed activity and receives written authorization from the District Engineer.

     

  3. Terms and Limits of Fill Material:  The limits of discharge of dredged or fill material authorized by this RGP for the installation, construction, maintenance, replacement, and/or repair of subaqueous utility lines is as follows:

     

    1. Subaqueous utility and transmission lines and outfall and related intake structures in or under all waters of the United States, excluding those areas listed in Special Condition 3 above, provided the discharge does not result in the permanent loss of greater than 1 acre of waters of the United States per 2-mile segment within waters of the United States.  Note: Waters of the United States temporarily affected by filling, flooding, excavation, or drainage, where the project area is restored to preconstruction contours and elevation, are not included in the calculation of permanent loss of waters of the United States. This includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of the work. Where certain functions and values of waters of the United States are permanently adversely affected (e.g., the conversion of a forested wetland to an herbaceous wetland) mitigation will be required to reduce the adverse effects of the project to the minimal level.

       

    2. Associated substations in non-tidal waters of the United States, excluding areas listed in Special Condition 3 above and all non-tidal wetlands adjacent to tidal waters, providing the discharge does not cause the permanent loss of greater than ½ acre of non-tidal waters of the United States.

       

    3. Access roads in non-tidal waters of the United States, excluding areas listed in Special Condition 3 above and all non-tidal wetlands adjacent to tidal waters, for the construction and maintenance of subaqueous utility transmission lines and substations, provided the discharge does not result in the permanent loss of greater than 1 acre of waters of the United States per 2- mile segment within waters of the United States. Note: Access roads shall be the minimum width necessary. Access roads constructed under this permit shall be made of pervious materials such as sand, gravel, limestone, etc.  Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the United States and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads).  Access roads constructed above preconstruction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. Culverts must be designed and placed so as to maintain aquatic organism passage, including the use of bottomless culverts or culverts sized and partially buried below existing grade to allow for the appropriate flows. Within 120 days from completion of the work, all access roads and culverts used solely for construction of the subaqueous utility or transmission lines must be removed and the affected area restored to preconstruction contours, elevations, and wetland conditions.

       

  4. Exclusion Zones: 

     

    1. Monroe County (including 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);

       

    2. Timucuan Ecological and Historical Preserve (Duval County);

       

    3. Biscayne Bay National Park Protection Zone (Miami-Dade County);

       

    4. Guana Tolomato Matanzas National Estuarine Research Reserve (St. Johns and Flagler Counties);

       

    5. The St. Lucie Impoundment (Martin County);

       

    6. All areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between the St. Lucie Lock (Martin County) and the W.P. Franklin Lock (Lee County);

       

    7. The coastal lakes, their outfalls, and/or the shore areas between the lakes and the Gulf of Mexico as depicted on the attached map (Figure 1);

       

    8. Lake Miccosukee near Monticello (Jefferson County);

       

    9. American crocodile (Crocodylus acutus) Critical Habitat;

       

    10. Federally authorized deep-draft navigation channels;

       

    11. Everglades National Park;

       

    12. Big Cypress National Preserve

       

    13. Federal manatee sanctuaries and refuges

       

  5. State Designated Classified I and II Waters:  No utility and/or transmission lines will be embedded in the bottom of State designated Class I or Class II waters or aquatic preserves.

     

  6. Clean Fill Material:  Fill material used with a project shall be limited to suitable, clean fill material, which excludes materials such as trash, debris, car bodies, asphalt, construction materials, concrete block with exposed reinforcement bars, and any soils contaminated with any toxic amounts (see Section 307 of the Clean Water Act).

     

  7. Sidecast Material:  Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States, provided that the material is not placed in such a manner that it is dispersed by currents or other forces.  The District Engineer may extend the period of temporary side casting not to exceed a total of 180 days, where appropriate. The top 6- 12 inches of the trench should normally be backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a French drain effect). For example, utility line trenches can be backfilled with clay blocks to ensure that the trench does not drain the waters of the United States through which the utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody.

     

  8. Removal of Excess Material:  Dredged or fill material placed as backfill or bedding for subaqueous utility and transmission lines must not change the preconstruction bottom contours. Excess material must be moved to an upland disposal area.

     

  9. Best Management Practices: The permittee agrees to abide by the attached Best Management Practices (BMPs) in the event that oil or other potentially hazardous material is unexpectedly discharged in waters of the United States as a result of construction or operation of the authorized work.  This permit condition does not supersede or replace any other condition of this general permit.

     

  10. Turbidity Controls:  Turbidity control measures, including best management practices, shall be used throughout construction to control erosion and siltation to ensure there are no 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. Reduction and/or elimination of turbid water conditions and the erosion of disturbed or filled areas in adjacent water bodies and wetlands are to be achieved through the use of silt curtains, silt screens, or other appropriate erosion control measures, between the construction area and wetlands or surface waters, during periods of fill placement and construction. Such devices shall be properly maintained until such time as those disturbed areas become sufficiently stabilized by natural recruitment of vegetation or other measures.

     

  11. Compensatory Mitigation:  Compensatory mitigation for unavoidable permanent impacts to waters of the United States may be required at the discretion of the U.S. Army Corps of Engineers (Corps). To offset lost wetland and other aquatic resource functions, appropriate mitigation, including purchase of credits at a federally-approved mitigation bank, may be accepted. Mitigation undertaken at a federally-approved mitigation bank will be assessed using a minimum ratio of 1:1 (impact acreage: credit) or an appropriate functional assessment method (e.g., Uniform Mitigation Assessment Methodology (UMAM)) in accordance with the guidelines found in the Final Compensatory Mitigation Rule (33 CFR 332), which can be accessed at: www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx. Waters of the United States temporarily affected by filling, flooding, excavation, or drainage, where the project area is restored to preconstruction contours and elevation, are not included in the calculation of permanent loss of waters of the United States.  This includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of the work.  Where certain functions and values of waters of the United States are permanently adversely affected, such as the conversion of a forested wetland to an herbaceous wetland in the aerial transmission line right-of-way, mitigation will be required to reduce the adverse effects of the project to the minimal level.

     

  12. Prohibition on Severing Jurisdiction:  No project will be authorized under this RGP if the proposed fill activity will result in upstream waters of the United States being removed from Federal jurisdiction.

     

  13. Prohibition on Altering Stream Flow:  This permit does not authorize stream channelization or the bank-to-bank filling, relocating, and/or culverting of perennial or intermittent streams. The authorized activities must not increase flooding or negatively impact the pre-project hydraulic flow characteristics or water quality of any affected stream.

     

  14. Wild and Scenic Rivers:  Work authorized under this RGP must be designed and constructed to avoid or mitigate any adverse effects to rivers listed in the National Rivers Inventory which are protected under the Wild and Scenic Rivers Act and subject of the August 2, 1979 Presidential Memorandum.  Work that could adversely affect (i.e., alter, or otherwise threaten the protection and conservation of) these systems shall be coordinated with the National Park Service and such coordination shall be concluded prior to any verification under this RGP. The National Rivers Inventory list and consultation instructions may be obtained at the following website:  https://www.nps.gov/ncrc/programs/rtca/nri/index.html

     

  15. Threatened and Endangered Species Exclusion and Restriction Zones:  In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized unless separate, project-specific consultation has been concluded with the U.S. Fish and Wildlife Service (FWS) and/or the National Marine Fisheries Service (NMFS), as appropriate:

     

    1. within ½ mile of an active red-cockaded woodpecker (Picoides borealis) colony site;

       

    2. In the Atlantic Ocean or Gulf of Mexico or on or contiguous with the Atlantic Ocean beaches or Gulf of Mexico beaches;

       

    3. within Gulf sturgeon (Acipenser oxyrinchus desotoi) designated critical riverine habitat under the jurisdictional responsibility of the U.S. Fish and Wildlife Service;

       

    4. Gulf Sturgeon (Acipenser oxyrinchus desotoi) critical habitat migratory restriction zones, Smalltooth Sawfish (Pristis pectinata) limited exclusion zones, Atlantic Sturgeon (Acipenser oxyrinchus) critical habitat exclusion zone, as defined in JAXBO (reference the following website  http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx);

       

    5. within the Florida panther (Puma concolor coryi) consultation area (reference  http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx); or,

       

    6. within rivers, identified as habitat for federally listed and candidate species of freshwater mussels (i.e., the Escambia River, Yellow River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe and New Rivers, and Econfina Creek (Florida panhandle), the Suwannee River, and their creeks and tributaries);

       

    7. within a Core Foraging Area (CFA) of a wood stork rookery and project does not incorporate the wood stork guidelines (see http://www.saj.usace.army.mil/Missions/Regulatory/Sourcebook.aspx)

       

  16. NMFS Programmatic Biological Opinion Project Design Criteria (PDCs):  Structures authorized under this RGP must satisfy the general PDCs applicable to all projects as well as all activity specific PDCs (attached) provided for all activities and structures as stated in the NMFS’ U.S. Army Corps of Engineers Jacksonville District Programmatic Biological Opinion, November 2017 (JAXBO).  In accordance with the Endangered Species Act, the Corps will seek individual consultation with the NMFS for all projects that do not comply with the PDCs of JAXBO prior to verification. Please note that failure to comply with all project PDCs, where a take of listed species occurs, would constitute an unauthorized take, and noncompliance with this RGP. The NMFS is the appropriate authority to enforce the terms and conditions of JAXBO. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division internet webpage in the Endangered Species section of the Sourcebook located at:  http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx Note: JAXBO 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.

     

  17. Wood Stork Effect Determination Key:  Prior to verification of authorization, the dichotomous key titled, The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office, and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008; or, as appropriate, The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office, and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx), will be used to determine potential affects upon wood stork (Mycteria americana).  Those projects determined to be a “may affect” will not be authorized unless consistent with the Programmatic Consultation, or individual consultation on the project has been re-initiated and concluded with the FWS in accordance with the Endangered Species Act. Additionally, in accordance with the dichotomous key, some projects determined to be “may affect, not likely to adversely affect” will not be authorized until consultation on the project has been re-initiated and concluded with the FWS. Note: This 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.

     

  18. Eastern Indigo Snake Effect Determination Key:  Prior to verification of authorization, the dichotomous key titled, Eastern Indigo Snake Programmatic Effect Determination Key (South Florida), Revised August 1, 2017; or, as appropriate, Eastern Indigo Snake Programmatic Effect Determination Key (North Florida), August 12, 2013 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx), will be used to determine potential affects upon eastern indigo snakes (Drymarchon corais couperi). Those projects determined to be a “may affect” to eastern indigo snakes will not be authorized unless consistent with the Programmatic Consultation or individual consultation on the project has been re-initiated 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 re-initiated and concluded. Note: This 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. To ensure minimal impacts to eastern indigo snakes, for all projects proposed in eastern indigo snake habitat, the permittee shall implement the U.S. Fish and Wildlife Service’s Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx).

     

  19. Manatee Effect Determination Key:  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, April 2013 (http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx), will be used to determine potential impacts to manatee (Trichechus manatus). Those determined to be a “may affect” to the manatee will not be authorized unless consistent with the Programmatic Consultation or individual consultation on the project 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 re-initiated and 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.

     

  20. Manatee Construction Conditions: For projects in or under waters accessible to manatees, the permittee will implement the Standard Manatee Conditions for In-Water Work, 2011 (reference  http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) and/or requirements as appropriate for the proposed activity. 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.

     

  21. Sea Turtle and Smalltooth Sawfish Construction Conditions:  For projects in or under waters accessible to sea turtles, smalltooth sawfish (Pristis pectinata), Gulf sturgeon (Acipenser oxyrinchus desotoi), Atlantic sturgeon (Acipenser oxyrinchus), or shortnose sturgeon (Acipenser brevirostrum), the permittee will utilize the Sea Turtle and Smalltooth Sawfish Construction Conditions, March 23, 2006 (reference http://www.saj.usace.army.mil/Missions/Regulatory/index.htm) and/or requirements, as appropriate for the proposed activity. 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.

     

  22. Take of Endangered Species:  This RGP has been conditioned to protect species and potential critical habitat protected by the ESA.  No activity shall be authorized under this RGP which is likely to result in incidental take, or adversely affect a protected species or a species proposed for listing, or destroy or adversely modify critical habitat protected under the ESA.  Consultation with the FWS and/or NMFS may be initiated if any work authorized under this RGP is determined to affect the following:  1) any federally-listed threatened or endangered species, including those listed in Attachment 4, or a species proposed for such designation; or, 2) designated critical habitat for these or any other federally-listed threatened or endangered species or habitat proposed to be designated as critical habitat for any federally-listed threatened or endangered species.  In the event of incidental take, you must cease work and notify the Corps immediately.  No work shall continue or new work commence, until consultation is re-initiated and concluded, in accordance with Section 7, ESA.  During Section 7 consultation, any verification under this RGP shall be suspended, and such verification may be revoked or modified, as deemed appropriate to comply with Federal law.  Species and protected habitat under the purview of the FWS and NMFS may be obtained by accessing the following sites:

https://ecos.fws.gov/ipac/

https://www.fisheries.noaa.gov/species-directory

  1. Essential Fish Habitat:  No work shall be authorized by this RGP which may have direct or indirect adverse impacts to essential fish habitat such as, but not limited to the following:  entire water column, vegetated and unvegetated bottom, tidal freshwater (palustrine) wetlands and forests, hard or soft corals, oyster reefs, shell banks,  coral and live/hard bottom habitats, mangroves and fringe mangroves/scrub-shrub communities, estuarine emergent vegetation (e.g., flooded saltmarshes, brackish marsh, and tidal creeks), marine emergent vegetation, and/or the following species of submerged rooted aquatic vegetation (SAV): 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 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, listed above.

     

  2. Cultural Resources and/or Historic Properties:

     

    1. 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.

       

    2. 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. 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.

       

    3. A cultural resources assessment may be required of the permit area, 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 and the Corps.

       

    4. 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 in the vicinity shall immediately cease and the permittee shall immediately notify the medical examiner, Corps, and State Archeologist. 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, SHPO, and the Corps.

       

    5. In the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, all work in the vicinity shall immediately cease and the permittee immediately notify the Corps. The Corps shall then notify the appropriate THPO(s) and SHPO.  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. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager.  After such notification, project activities on tribal lands shall not resume without written authorization from the appropriate THPO(s) and the Corps.

       

  3. Tribal Coordination:  Coordination with Federally recognized Tribes (e.g., Miccosukee Tribe of Indians of Florida, Seminole Tribe of Florida) is required prior to verification of any activity or work authorized by this RGP when such work would occur adjacent to, or on, Tribal lands.  Projects or work proposed adjacent to, or on, tribal lands shall require review for any impacts of the proposed work to Tribal trust resources prior to verification.  No verification under this RGP shall be made unless coordination with the appropriate Tribe(s) has been concluded for projects or work that may affect tribal trust resources.

     

  4. Notification of Unmarked 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 work area, unless the permittee is the same entity as the owner(s) or operator(s).

     

  5. National Oceanic and Atmospheric Administration (NOAA) Notification of Utilities in Navigable Waters:  Where the proposed subaqueous utility or transmission line is to be installed in or under navigable waters of the United States, at least 2 weeks prior to the start of the authorized work, the permittee must notify the NOAA and the Corps in writing that the work is commencing; and, again, upon completion of the work. The permittee shall notify the District Engineer in writing at the letterhead address, attention Regulatory Division; and, the NOAA, either in mailed correspondence to Nautical Data Branch Office of Coast Survey N/CS26, 1315 East-West Highway, Silver Spring, MD 20910-3282 or by electronic mail correspondence, with scans of the requisite documents attached, through ocs.ndb@noaa.gov.  The post-construction notification will include “as-built plans”, signed and sealed by a registered surveyor/engineer licensed in the State of Florida, that certify the project is constructed as authorized; and, must include an accurate depiction of the location and configuration of the completed activity in relation to the mean high water of the navigable water.

     

  6. Modification or Alteration of Federal Projects:  In order to assure that this RGP does not impair the usefulness of existing Corps projects and that it is not injurious to the public, the following special conditions are required pursuant to 33 U.S.C. 408 authorization:

     

    1. Construction of directional boring vaults, junction boxes, and/or pads are not allowed within 25 feet of the top of the bank of any federal project.

       

    2. Subaqueous utility lines installed via horizontal direction drilling (HDD) within a federal project must ensure the top of the HDD boring is a minimum of 14 feet beneath the bottom of any shallow draft navigation channel or 10 feet beneath the bottom of any flood control channel, including a minimum of 25 feet outside the channel edges to allow for maintenance of the side slopes, and the estimated total drilling fluid pressure is less than 10 psi.

       

    3. Subaqueous utility lines installed via trenching must be a minimum of 14 feet below the authorized depth of any shallow draft federal navigation channel including a minimum of 25 feet outside the channel edges to allow for maintenance of the side slopes.

       

    4. Subaqueous utility lines installed via trenching must be a minimum of 10 feet below the authorized depth of any federal flood control channel including a minimum of 25 feet outside of the channel edges.

       

    5. All projects beneath a Federal flood control or navigation channel will be required to provide at the completion of work, an as-built survey showing the horizontal and vertical location (X-Y-Z coordinates in NAD 83 and NAVD 88, as applicable) of the object below the channel as it enters and exits the design edges of the authorized width of the channel, plus a minimum of 25 feet outside the channel edges.

       

    6. Evaluation of applications for utility line crossings of levees, dikes, dams, or other water retaining structures and crossings beneath deep draft federal navigation projects will require case specific review and approval pursuant to 33 U.S.C. 408 prior to authorization under this RGP. Subaqueous utility or transmission line crossings, proposed in or under all Federal canals with Federal levees, will require project specific permission pursuant to 33 U.S.C. 408 from the U.S. Army Corps of Engineers prior to receiving authorization under this RGP.  Once, the project specific approval under 33 U.S.C. 408 has been received, and all other conditions of the permit have been met, a permit verification letter may be issued.

       

    7. Work and structures crossing federal projects that are not in compliance with the above criteria, shall not be eligible for authorization under this RGP until case specific review has been completed by the Jacksonville District Engineering Division in accordance with 33 U.S.C. 408 and the project has received approval from the Jacksonville District Commander or the Chief of EN, per the Delegation of Authority Certification for Small and Low Impact Section 408 Approvals, dated 10 October 2018.

       

    8. Prior to commencement of construction within the right-of-way of a Federal channel or Federal project area, the permittee shall receive written confirmation from the Real Estate Division, U.S. Army Corps of Engineers, Jacksonville or Mobile District, as appropriate, that a consent-to-easement (CTE) is being processed. Confirmation may be obtained by submitting your request to real estate via the following addresses:
  • Jacksonville District (all of Florida east of the Aucilla River)

    Email box:  repermitssaj.cesaj@usace.army.mil

    Office:  (904) 570-4514

  • Mobile District (from Escambia County east to the Aucilla River)

    US Army Corps of Engineers

    Mobile District

    Real Estate Division

    P.O. Box 2288

    Mobile, AL 36628

    Office: (770) 904-3254

    Such confirmation from the Real Estate Division shall suffice for the purpose of regulatory permitting and allow for commencement of construction of the authorized activity prior to receipt of the CTE.

  1. Horizontal Directional Drilling (HDD):  Except as otherwise required by Special Condition of this RGP, directional boring vaults, junction boxes, and/or pads will not be constructed within 50 feet of the top of the bank of waterways (rivers/streams).  HDD pilot, entrance, and exit holes must be the minimum diameter necessary; and, must be set back from the waterway (river/stream) bank by a minimum of 50 feet.  Excavated materials and drilling mud must be stockpiled on non-wetland areas, where available. Appropriate fabric must be placed beneath all materials stockpiled in wetlands.  As part of any verification under this RGP, the permittee must submit a frac-out plan to the Corps for approval.  Such plan must be consistent with the example from JaxBO (attached).  No work shall commence prior to Corps approval of the frac-out plan.  Further, the permittee shall submit a benthic survey for SAV, coral, and/or hardbottom habitat in areas where these resources could occur.  In the event that any of these benthic resources are discovered within the proposed project footprint, the permittee must submit plans to avoid and minimize impacts to such resources as a result of frac-out based on consideration of geologic formation, boring depth, drilling mud pressure, and a pressure profile.

     

  2. Depth Below Bottom Contour:  Except as required by Special Conditions of this RGP, all subaqueous utility and/or transmission lines authorized by this RGP must be installed a minimum of 6 feet below the bottom contour of any other water of the United States.  The 6-foot criterion applies to the entire authorized width of the crossing, plus a minimum of 10 feet on each side of the crossing.

     

  3. Water Quality Certification and Coastal Zone Management Consistency:  A permit, issued by the Department of Environmental Protection, shall provide the applicable Water Quality Certification (WQC) or waiver thereto, and Coastal Zone Consistency Concurrence. WQC is waived for activities authorized under this RGP that qualify for an exemption under Section 403.813(1) or 373.406, F.S., or the rules of the Florida Administrative Code adopted under Part IV of Chapter 373, F.S.

     

  4. Hold Harmless:  The permittee shall defend and hold the Government harmless from any and all claims by reason of the placement and installation of subaqueous transmission lines authorized by this permit.

     

  5. Assurance of Navigation:  For projects authorized under this RGP in or under 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.

     

  6. As-Built Certification: Within 60 days of completion of the work authorized by this permit, the permittee shall submit as-built drawings of the authorized work and a completed “As-Built Certification By Professional Engineer” form (Attachment) to the Corps.   The as-built drawings shall be signed and sealed by a registered professional engineer and include the following:

     

    1. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with transparent overlay of the work as constructed in the same scale as the permit drawings on 8½-inch by 11-inch sheets.  The plan view drawing should show all "earth disturbance," including wetland impacts and water management structures.

       

    2. A list of any deviations between the work authorized by this permit and the work as constructed.  In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached “As-Built Certification By Professional Engineer” form the deviations between the work authorized by this permit and the work as constructed.  Clearly indicate on the as-built drawings any deviations that have been listed.  Please note that the depiction and/or description of any deviations on the drawings and/or “As-Built Certification By Professional Engineer” form does not constitute approval of any deviations by the Corps.

       

    3. Include the Department of the Army permit number on all sheets submitted.

       

  7. Reporting Address:  The permittee shall submit all construction notifications, compliance documentation and any other correspondence required by the general and special conditions of this permit to the following mailbox: SAJ-RD-Enforcement@usace.army.mil   Submittals shall not exceed 10 MB.  The permittee shall reference the assigned permit verification number, SAJ-XXXX-XXXXX (RGP-XXX), on all submittals.

     

  8. Discretionary Authority:  Conformance with descriptions and quantities 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 evaluated as an individual permit.

     

  9. Ability to Rescind or Revoke Authorization:  Authorization under this regional general permit may be rescinded or revoked at any time if the information provided by the applicant in support of the permit application proves to have been false, incomplete, or inaccurate.

     

  10. General Conditions:  The permittee shall perform all work and subsequent actions in accordance with the attached general conditions.

     

  11. RGP Expiration:  This RGP shall be valid for a period of 5 years from the date of issuance unless suspended or revoked by issuance of a public notice by the District Engineer.  The Corps, in conjunction with the Federal resource agencies, will conduct annual reviews to ensure that continued use of the permit during the 5-year authorization period is not contrary to the public interest.  If this RGP 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 this RGP will remain in effect provided the activity is completed within 12 months of the date this RGP expired or was revoked.

BY AUTHORITY OF THE SECRETARY OF THE ARMY

                                                                        Andrew D. Kelly

                                                                        Colonel, U.S. Army

                                                                        District Engineer

 

Enclosures:

Figure 1 – Florida Panhandle Coastal Dune Lakes

Figure 2 – General PDCs

Figure 3 – PDCs for In-Water Activities

Figure 4 – PDCs for Mangroves, Seagrasses, Corals, and Hard Bottom for All Projects

Figure 5 – JAXBO Activity 8 PDCs

Table 1 – Federally listed species in Peninsular Florida

Table 2 – Federal Threatened, Endangered, and Other Species of Concern Likely to Occur in the Florida Panhandle

Table 3 – Federally Listed Species in Florida – Consultation for this RGP General Conditions