TO THE FOLLOWING
DEPARTMENT OF THE ARMY GENERAL PERMITS
REGIONAL GENERAL PERMIT (RGP) SAJ-14, SUBAQUEOUS UTILITY AND TRANSMISSION LINES IN FLORIDA (SAJ-2005-09981)
PROGRAMMATIC GENERAL PERMIT (PGP) SAJ-42, MINOR PROJECTS IN MIAMI-DADE COUNTY, FLORIDA (SAJ-2011-00964)
PGP SAJ-67, LIMITED MINOR ACTIVITIES IN LAKE OKEECHOBEE AND THE OKEECHOBEE WATERWAY (SAJ-2006-05506), and
PGP SAJ-91, BULKHEADS AND BACKFILL, AERIAL TRANSMISSION LINES, SUBAQUEOUS UTILITY AND TRANSMISSION LINES, PRIVATE SINGLE-FAMILY PIERS AND APPURTENANCES, OTHER MINOR STRUCTURES ASSOCIATED WITH SINGLE- FAMILY DOCKS, AND STORMWATER OUTFALLS LOCATED WITHIN THE CITY OF CAPE CORAL, LEE COUNTY, FLORIDA (SAJ-2005-08775)
BACKGROUND: On December 13, 2013, general authority, upon recommendation from 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), under RGP SAJ-14 was given for the following activities: 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)).
On April 29, 2013, general authority, upon recommendation from 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), to administer PGP SAJ-42, was given to Miami-Dade County Department of Regulatory and Economic Resources for the following activities: shoreline stabilization, maintenance dredging in upland-cut artificial residential canals, subaqueous utility and transmission lines, stormwater outfalls, minor structures, piers/docks and appurtenances, and private single-family floating vessel platforms located in waters of the United States, excluding Federally maintained navigation channels and flood control projects, in Miami-Dade County, Florida.
On April 24, 2017, general authority, upon recommendation from 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), to administer PGP SAJ-67 was given to the Operations Division of the Jacksonville District, U.S. Army Corps of Engineers, for the following list of minor activities: placement of riprap revetments; maintenance dredging; maintenance of boat slips; installation and/or maintenance of aerial and subaqueous transmission lines; construction of minor structures; construction and/or maintenance of single-family mooring facilities (i.e., docks and piers); and construction and/or maintenance of private multi-family mooring facilities (docks and piers) having a surface area of 1,000 square feet or less located within Federally maintained, navigable waters of Lake Okeechobee and the Okeechobee Waterway, between the St. Lucie Lock in Martin County and W.P. Franklin Lock in Lee County, Florida.
On December 13, 2013, general authority, upon recommendation from 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), to administer PGP SAJ-91 was given for the following activities: construction of bulkheads and backfill, aerial transmission lines, subaqueous utility and transmission lines, private single-family piers and appurtenances, other minor structures associated with single-family docks, and storm water outfalls located in waters of the United States within the City of Cape Coral, Lee County, Florida. This permit does not authorize any work or structure along the Caloosahatchee River, Matlacha Pass Aquatic Preserve or within the Cape Coral Spreader Waterways.
Current versions of the above General Permits can be viewed from the following link:
PROPOSED MODIFICATION: Upon recommendation of the Chief of Engineers, and in an effort to comply with requirements of 33USC408, for taking possession of, use of, or injury to harbor or river improvements, the above referenced General Permits are hereby modified to include the following special condition:
“ x. Subaqueous utility and aerial transmission line crossings, proposed in all Central and Southern Florida canals, with the exception of C-43, C-44, and Taylor Creek, will require project specific approval for compliance with 33USC408 from the U.S. Army Corps of Engineers prior to receiving authorization. Once, the project specific approval under 33USC408 has been received, and all other conditions of the permit have been met, a permit verification letter may be issued. Please contact the Project Manager identified in this verification letter for the POC on compliance/approval requirements under 33USC408. ”
All other conditions of the General Permits, shall remain in effect.
AVOIDANCE AND MINIMIZATION: No additional fill in wetlands or other aquatic resources is authorized by these modifications.
COMPENSATORY MITIGATION: These modifications would not result in further impact to wetlands or other aquatic resources, and therefore, no mitigation will be required.
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 is requested for determining the impact the modifications on the natural resources of the area.
ARCHAEOLOGICAL AND CULTURAL RESOURCES: Due to the limited scope of these modifications 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 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 (EFH): The Corps has determined that the effects of these modifications would have no adverse impact on EFH and/or Federally managed fisheries under purview of the National Marine Fisheries Service.
THREATENED AND ENDANGERED SPECIES: The Corps has determined that the modifications would have no effect on any Federally listed species and would not adversely modify any additional designated or proposed critical habitat.
AUTHORIZATION FROM OTHER AGENCIES: These modifications do not reflect a change in the scope of the authorized work, and therefore, will not require additional Water Quality Certification from the State of Florida (i.e., Department of Environmental Protection and/or one of the state Water Management Districts).
COASTAL ZONE MANAGEMENT CONSISTENCY: These modifications will not require additional review for compliance with the approved Coastal Zone Management Plan.
RESPONSE: Comments regarding these modifications of the above referenced RGP and PGPs should be submitted in writing to the District Engineer, through Mr. Dale E. Beter at the above address or via internet at email@example.com within 30 days from the date of this notice.
Comments received will be used to determine if the modifications are in the public interest, as well as comply with all regulatory program requirements and related Federal laws.
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.