SAJ-2005-00972(RGP-LCK)

T IT MAY CONCERN:  To simplify and streamline permitting of Department of Army (DA) permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is proposing to re-issue the Regional General Permit SAJ-93.  The primary proposed updates include (1) compliance with terms and conditions of 2020 South Atlantic Regional Biological Opinion, and (2) updating contact information and procedures.  A draft of the proposed general and special permit conditions is included in this public notice.

BACKGROUND:  The first issuance of regional general permit SAJ-93 was on February 16, 2011.  On April 26, 2016, the Corps re-issued regional general permit SAJ-93.  SAJ-93 ws ubsequently modified on May 3, 2018, to add a special condition to further minimize the project’s impacts to swimming sea turtles. Since the re-issuance of SAJ-93 in 2016, five projects were verified to comply with its terms and conditions.  The SAJ-93 expired on April 26, 2021.

AUTHORITY: Section 404 of the Clean Water Act (33 U.S.C. §1344), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), and Section 14 of the Rivers and Harbors Act (33 USC 408).

PROPOSED FOR AUTHORIZATION: The work authorized includes maintenance dredging of the following locations:

• Atlantic Intracoastal Waterway (AIWW), Intracoastal Waterway (IWW), and Okeechobee Waterway (OWW) federal navigation channels, including wideners, along the east coast of Florida which includes the following counties: Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward, and Miami- Dade.
• The federal navigation projects are described in Table 1 below and shown in Attachment 1. Specifically the projects encompass the following:
  • The channel area as defined as the 12-foot deep, 150-foot wide to 125-foot wide federal AIWW channel extending from the Georgia/Florida line in Nassau County to the St. Johns River in Jacksonville;
  • The 12-foot deep, 125-foot wide federal IWW channel extending from the St. Johns River in Jacksonville to the Fort Pierce Harbor Project in St. Lucie County;
  • The 10-foot deep, 125-foot wide federal IWW channel from the Fort Pierce Harbor Project in St. Lucie County to the Miami Harbor in Miami-Dade County;
  • The 8-foot deep, 80-foot wide channel originating at the confluence of the Indian River Lagoon/IWW and the St. Lucie River in Martin County (“Crossroads”)  to the St. Lucie Lock and Dam/eastern limit of St. Lucie Canal;
  • The 8-foot deep, 100-foot  wide channel originating from the St. Lucie Lock and Dam/eastern limit of St. Lucie Canal to the western Palm Beach County line across the middle of Lake Okeechobee (Route 1); and
  • The 6-foot deep, 80-foot channel originating from the Port Mayaca Lock/western limit of St. Lucie Canal to the western Palm Beach County line along the southern shore of Lake Okeechobee (Route 2/Rim canal).

This permit authorizes maintenance dredging of any of the aforementioned federal navigation projects in accordance with the Congressional authorization or as deepened or widened under a Department of the Army permit. Maintenance dredging of residential canals and/or flood control projects; “new” dredging to widen or deepen an existing federal navigation project, new access channels, and channel realignments; and removal of channel/canal plugs or connection of any canal or other waterway to navigable waters of the United States are not authorized herein.

This permit includes no limitation on volume; however, maintenance dredging is restricted to the amount necessary to restore the Congressionally authorized or permitted dimensions of the federal navigation channel allowing for a two-foot over-dredge.

Table 1. Federal Navigation Channels Within the Scope of RGP SAJ-93.

This permit would authorize maintenance dredging within the AIWW, IWW, and OWW using hydraulic pipeline cutterhead suction dredge or mechanical clamshell dredge methodologies. Since dredging does not always result in a smooth and even channel bottom, a drag bar or chain may be dragged along the bottom, or agitation or injection dredging may be used to smooth down high spots and fill in low areas.

The proposed authorized work includes activities associated with maintenance dredging, including transportation methodology and use of pipelines, booster pumps, and associated dredged material transfer mechanisms. Pipelines may be submerged or floating, typically constructed of steel or high-density polyethylene (HDPE) with connecting steel collars. This permit would authorize pipeline sizes ranging from 12-inches to 24-inches in diameter. Dredging may require strategically locating booster pumps to facilitate pipeline disposal of the dredged material. Work vessels and activities typically include: the dredge vessel; booster pumps/small barges; push boats; scows/barges; crew transport/work vessels; spudding, anchoring, staging, and stockpile areas; loading/unloading areas; and associated vessel movements.

Dredged material shall be deposited in operational Dredged Material Management Areas (DMMAs), upland areas where the dredged material is self-contained, or placed on certain beaches when dredging beach-compatible material. Decanted return water is allowed and must meet State Water Quality Standards as established by the Florida Department of Environmental Protection (FDEP). The use of an upland disposal area that is not a standard DMMA shall be constructed with consideration of the existing onsite drainage patterns, and the Permittee shall provide verification no onsite or offsite adverse flooding conditions will result from the placement of dredged material.

Beneficial reuse of dredged material is allowed through the placement of dredged material at the eight beach sites shown in Table 2 below where the characteristics of the dredged material are consistent with that of the beach placement site and this authorization. Additionally, if any specific beach placement area has a DA permit associated with it, that DA permit must be valid and not expired. This authorization also includes offload of dredged material from operational DMMAs, specifically from DMMA SJ-1 to Summer Haven Beach and from MSA 434 to New Smyrna Beach. Beneficial reuse of dredged material may be allowed on other beaches or within other Corps jurisdiction areas provided separate Department of the Army authorization is obtained.

Table 2. Beach Placement Sites within the Scope of RGP SAJ-93

EXISTING CONDITIONS:  Waters subject to this proposed general permit include previously dredged and regularly maintained navigation channels located in marine, estuarine, and euryhaline systems.  These waters may support submerged aquatic vegetation, natural hardbottom and wetlands in varying quantities in certain locations.  

AVOIDANCE AND MINIMIZATOIN INFORMATION: The SAJ-93 would authorize activities that are minor and commonplace. The proposed terms and conditions of the SAJ-93 require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum extent.

COMPENSATORY MITIGATION:   To compensate for unavoidable functional loss to aquatic resources associated with maintenance and/or other dredging operations, the applicant will be required to comply with all terms and conditions required by applicable resource agency Biological Opinions, permit conditions, or other best management practices to ensure protection of aquatic resources, including federally protected species and designated critical habitat. Compensatory mitigation will be required for any of the following activities that result in unacceptable adverse impacts to seagrass outside the federal channel: unauthorized dredging beyond prescribed project limits, scouring of adjacent resources as a result of dredging/prop dredging/vessel damage, inadvertent barge disposal on seagrass or other aquatic resources, pipeline failures, dredged material containment failures, and anchoring or pipeline placement outside the channel.  Compensatory mitigation would not be required for any seagrass within the side slopes of the federal channel impacted through normal sedimentation and sloughing caused by dredging to the design edge of the navigation channel.  The District will work with NMFS and FWS to identify additional opportunities to address resource impacts and mitigative strategies.

CULTURAL RESOURCES:  The Corps has determined that the reissuance of the RGP SAJ-93 has “no effect” on historic properties. Each activity proposed for authorization under the SAJ-93 will be evaluated for compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 CFR Part 325, Appendix C.

For each activity proposed for authorization under the SAJ-93, the Corps will conduct an individual evaluation of the activity’s potential effects to historic properties and Tribal resources, in accordance with Section 106 of the NHPA and Tribal Trust responsibilities.

No activity shall be authorized under this RGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places. If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this RGP until consultation with the State Historic Preservation Office and other appropriate consulting parties is initiated and concludes with a determination that the activity has little likelihood to affect a historic property.

ENDANGERED SPECIES:  Each activity proposed for authorization under SAJ-93 will be evaluated for compliance with the Endangered Species Act (ESA).  The effects of maintenance dredging activities are subject to compliance under the following Biological Opinions; NMFS Regional Biological Opinion on Hopper Dredging Along the South Atlantic Coast (SARBO) dated March 26, 2020, including subsequent modifications or addendums; 2) U.S. Fish and Wildlife Service (FWS) Statewide Programmatic Biological Opinion (SPBO) for the U.S. Army Corps of Engineers Civil Works and Regulatory sand placement activities updated March 13, 2015; 3) FWS Programmatic Piping Plover Biological Opinion (P3BO) for the effects of U.S. Army Corps of Engineers planning and regulatory shore protection activities dated May 22, 2013; and 4) FWS BO for Regional General Permit SAJ-93 dated January 29, 2016. These documents can be found at the following location:

https://www.fisheries.noaa.gov/content/endangered-species-act-section-7-biological-opinions-southeast

https://ecos.fws.gov/ecp/report/biological-opinion

For species and critical habitat within the U.S. Fish and Wildlife Service’s purview:

For each activity proposed for authorization under the SAJ-93, the Corps will conduct an individual evaluation of the activity’s potential effects to federally listed threatened or endangered species or species proposed for such designation.

The Corps will utilize available programmatic consultations, existing Biological Opinions and tools such as effect determination keys, Species Assessment Guides and Standard Local Operating Procedures for Endangered Species to the maximum extent.

No activity shall be authorized under this RGP which is likely to adversely affect any federally listed threatened or endangered species or a species proposed for such designation, or destroy or adversely modify designated critical habitat or proposed designated critical habitat, in accordance with Section 7 of the Endangered Species Act.

For species and critical habitat within the National Marine Fisheries Service’s purview:

For each activity proposed for authorization under the SAJ-93, the Corps will conduct an individual evaluation of the activity’s potential effects to federally listed threatened or endangered species or species proposed for such designation, and designated critical habitat or proposed designated critical habitat, in accordance with Section 7 of the Endangered Species Act.

The Corps will utilize available programmatic consultations, existing Biological Opinions and tools such as effect determination keys, Species Assessment Guides and Standard Local Operating Procedures for Endangered Species to the maximum extent.

No activity shall be authorized under this RGP which is likely to adversely affect any federally listed threatened or endangered species or a species proposed for such designation, or adversely modify designated critical habitat or proposed designated critical habitat, in accordance with Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT (EFH):  The proposed reauthorization of the SAJ-93 is being coordinated via separate letter with the National Marine Fisheries Service – Habitat Conservation Division as required under the Magnuson-Stevens Fishery Conservation and Management Act.  Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

Navigation:   Proposed dredging activities that occur within or close proximity to the 100-foot setback of a Federal Navigation Channel subject to verification under this RGP would be coordinated with the appropriate Corps’ District Program and Project Management Division’s Navigation Section in accordance with the U.S. Army Corps of Engineers, Jacksonville District, Setback Guidance for Structures along Certain Federal Channels.

SECTION 408:   Activities included in this RGP may require permission from the Corps pursuant to Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 if the project would alter, or occupy either temporarily and/or permanently, or use a Corps federally authorized Civil Works project (a “Corps project”).  The activity will not be 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. The activity will not be injurious to the public interest and will not impair the usefulness of the Corps project. The granting or denial of permission pursuant to Section 408 is not a permit action handled by the Regulatory Program. Maintenance dredging of a federal project canal/channel that does not exceed the design depth or design width of the federal project does not require Section 408 approval.  A technical evaluation by The Corps Water Resource Branch – Coastal and Navigation Section (PM-WC) may be necessary to confirm that the proposed work does not exceed these criteria based on the location of the project.  Any dredging that exceeds the federal project design or results in the disposal of dredge spoil in a federal project may require an individual Section 408 approval.  In these cases, a technical evaluation by the Corps Engineering Section (EN) and PM-WC may be necessary to determine if a proposed work constitutes a modification to the federal project and EN will coordinate that evaluation through the appropriate District offices.

COMMENTS or QUESTIONS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer, Jacksonville District, U.S. Army Corps of Engineers, c/o Ms. Linda C. Knoeck, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, or by phone at 561*472-3506 or via email at Linda.C.Knoeck@usace.army.mil within 30 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands.  This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

IMPACT ON NATURAL RESOURCES: Comments received from the 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 will be used to evaluate the impact the proposed action will have on protected resources within the project area, as well as measures to mitigate these impacts.

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.  

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.

WATER QUALITY CERTIFICATION:  The Corps will request general water quality certification from the Florida Department of Environmental Protection.

COASTAL ZONE MANAGEMENT CONSISTENCY: The Corps will request general coastal zone consistency concurrence from the Florida Department of Environmental Protection.  

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.