BACKGROUND: In order to simplify and speed processing of Department of the Army permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued the above programmatic general permit on February 28, 2013 for bulkheads, backfill and riprap revetments, aerial transmission lines, subaqueous utility and transmission lines, private single-family docks and appurtenances, private single-family docks and appurtenances, other minor structures, and storm water outfalls located within the City of Cape Coral, Lee County, Florida. During the time period of February 28, 2008 through the date of this public notice, the City of Cape Coral has reviewed the SAJ-91 approximately 1,033 times.
PROPOSAL: The above-listed general permit is under review for the purposes of updating and reissuance. The permit has been revised to include the Project Design Criteria (PDCs) as contained in the draft Jacksonville Biological Opinion (Opinion), as well as provide the species names for mangroves that are prohibited from removal. A draft of the general permit as proposed for reissuance follows:
DEPARTMENT OF THE ARMY
PROGRAMMATIC GENERAL PERMIT SAJ-91
Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, general authority is hereby given to the City of Cape Coral to administer this permit for bulkheads, backfill and riprap revetments, aerial transmission lines, subaqueous utility and transmission lines, private single-family docks and appurtenances, private single-family docks and appurtenances, other minor structures, and storm water outfalls located in waters of the United States within the City of Cape Coral, Lee County, Florida (Attachment 1). This permit does not authorize any work or structure within the Caloosahatchee River, Matlacha Pass Aquatic Preserve, Cape Coral Spreader Waterways, or smalltooth sawfish limited exclusion zones (Attachment 2).
This programmatic general permit is subject to the following conditions:
A. CONDITIONS FOR BULKHEADS, BACKFILL, AND RIPRAP IN RESIDENTIAL CANALS
1. The work herein authorized includes the construction, repair or maintenance of seawalls (bulkheads) and associated backfill in residential canals.
2. The seawall shall not exceed 500 feet in length and not extend any farther waterward than 18” from the existing seawall or Mean High Water Line (MHWL) and shall connect with adjacent seawalls to the maximum extent practicable.
3. The backfill must be from upland sources and consist of suitable clean fill material free from toxic pollutants in other than trace quantities. The amount of backfill shall not exceed one (1) cubic yard per running foot below the plane of the MHWL.
4. This permit does not authorize any filling, except for backfill behind the seawall. New riprap may be placed at the toe of the existing or replacement seawall when the toe of the seawall is deeper than -3 feet Mean Lower Low Water (MLLW). Also, replacement riprap can only be added within the same footprint of existing riprap (i.e. no waterward expansion or lateral expansion of riprap beyond the previous footprint) in depths less than or equal to -3 feet MLLW.
5. The removal of mangroves is prohibited [specifically, red mangroves (Rhizophora mangle), black mangroves (Avicennia germinans), and white mangroves (Laguncularia racemosa)].
6. In addition to the above conditions, the permittee must abide by all of the Special Conditions in Part G (“Special Conditions for All Work) and the attached General Conditions. These Special and General conditions are applicable to all structures and/or work authorized under this general permit.
B. CONDITIONS FOR AERIAL TRANSMISSION LINES:
1. The work herein authorized includes the installation of aerial transmission lines and associated structures.
2. The aerial transmission lines must meet the U.S. Army Corps of Engineers clearance criteria as described in 33 CFR, Part 322.5(i)(1), (2), (3), and (4). This clearance does not apply in the case of a lift bridge. Minimum clearance for lift bridges will be determined on a case-by-case basis.
a. The minimum clearance* (see NOTE in b.) for aerial communication lines, or any lines not transmitting electrical power, will be ten (10) feet above the clearance required for nearby stationary bridges as established by the U.S. Coast Guard (USCG). In the event the USCG has not established a bridge clearance, minimum vertical clearances for power and aerials lines will not be less than required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code (ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2.
b. The minimum clearance* for an aerial line, transmitting electrical power, is based on the low point of the line under conditions that produce the greatest sag, taking consideration temperature, load, wind, length or span and the type of supports. The minimum clearance for an aerial electrical power transmission line crossing navigable waters of the U.S. shall be governed by the system voltage, as indicated below:
Nominal System Minimum Clearance
Voltage, kilovolt Above Bridge Clearance (as established by the USCG)
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750-765 45
*NOTE: Minimum clearance is the distance measured between the lowest point of a stationary bridge, including any infrastructure attached to underside of the bridge, and the Mean High Water (MHW) of the navigable waters of the U.S. beneath the bridge.
c. On navigable waters of the U.S., including all federal navigation project, whether there is no bridge for reference for minimum clearance, the proposed project will need to be reviewed by the U.S. Army Corps of Engineers in order to determine the minimum clearance between the line and MHW necessary to protect navigational interests.
3. The construction of aerial transmission lines does not involve the dredging or filling of navigable waters or waters of the United States.
4. Where the proposed aerial transmission line is to be installed in navigable waters of the U.S., at least 2 weeks prior to the start of the authorized work, the permittee must notify the National Oceanic Atmospheric Administration (NOAA) and the Corps office writing that the work is commencing, and again upon completion of the work. The permittee shall notify the District Engineer at the letterhead address, attention Regulatory Division, and NOAA, at Nautical Data Branch N/CS26, Station 7317, 1315 East-West Highway, Silver Spring, MD 20910-3282, or by e-mail to ocs.nbd@noaa.gov. This notification will include “As-Built plans” signed by a registered surveyor/engineer licensed in the State of Florida, that certify the project is constructed as authorized and must include an accurate (within plus or minus 1 foot) depiction of the location and configuration of the completed activity in relation to the MHW of the navigable water.
5. Transmission line poles cannot be placed in smalltooth sawfish critical habitat in areas where the essential features are present.
6. The permittee shall defend and hold the U.S. Government harmless from any and all claims by reason of the placement and installation of the transmission lines authorized by this permit.
7. In addition to the above conditions, the permittee must abide by all of the Special Conditions in Part G (“Special Conditions for All Work) and the attached General Conditions. These Special and General conditions are applicable to all structures and/or work authorized under this general permit.
C. CONDITIONS FOR SUBAQUEOUS AND TRANSMISSION LINES:
1. The work herein authorized includes the installation and maintenance of subaqueous utility and transmission lines placed on, under or embedded in the bottom of navigable waters of the United States within the City of Cape Coral. The installation of utility and transmission lines by directional bore is authorized if the drilling originates and terminates on the uplands (i.e. no in-water work). The permittee must provide the City of Cape Coral with a frac-out contingency plan prior to verification of this General Permit (Attachment 3)
2. Directional boring vaults, junction boxes, and/or pads will not be constructed within 50 feet of the top of the bank of waters (rivers/streams). Horizontal directional drilling pilot, entrance, and exit holes must be the minimum diameter necessary; and, must be set back from the water (river/stream) bank by a minimum of 50 feet. Excavated materials and drilling mud must be stockpiled on non-wetland areas.
3. All subaqueous utility and/or transmission lines must be installed a minimum of 6 feet below the bottom contour of any water of the U.S. 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.
4. Subaqueous utility and transmission lines may be installed (including as part of a repair/replacement project) by trenching. When excavating the trench, the bottom sediments may be temporarily sidecast into areas devoid of submerged aquatic vegetation and mangroves. Immediately upon completing the excavation and placing the transmission or utility line into the trench, the trench must be filled and the bottom contours must be restored to pre-construction conditions.
5. New subaqueous transmission and utility lines cannot be placed on the canal substrate (i.e., pinned or anchored and not buried). Sections of existing buried lines may be repaired or replaced above the substrate by pinning or anchoring the new section of line in place to ensure that it does not move and damage surrounding seagrasses and mangrove habitat.
6. When repairing existing transmission or utility lines, riprap and articulated mats may be placed on subaqueous lines that are buried in trenches or on lines that are attached to the substrate (in accordance with special condition #3 above) to stabilize the line. Riprap and articulated mats may also be used to stabilize new subaqueous lines placed in high erosion areas. These stabilization materials are limited to the minimum amount necessary to stabilize and protect the lines existing lines (which may have been exposed by scouring) and cannot be placed on seagrasses or mangrove habitat.
7. The permittee will install signs at the shoreline to notify navigational interests of the location of subaqueous utility and transmission lines.
8. The permittee shall defend and hold the U.S. Government harmless from any and all claims by reason of the placement and installation of the transmission lines authorized by this permit.
9. In addition to the above conditions, the permittee must abide by all of the Special Conditions in Part G (“Special Conditions for All Work) and the attached General Conditions. These Special and General conditions are applicable to all structures and/or work authorized under this general permit.
D. CONDITIONS FOR PRIVATE SINGLE FAMILY DOCKS AND APPURTENANCES:
1. Structures authorized under this general permit are private single-family piers not to exceed 4 slips. This would include normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring piles, dolphins, and maintenance of these appurtenances. Upland-cut boat slips are not authorized by this general permit.
2. Project construction will take place from uplands or from floating equipment (e.g. barge); prop or wheel-washing is prohibited.
3. No living, fueling, or storage facilities over navigable waters of the United States are authorized under this general permit.
4. The structure shall be consistent with other structures in the area.
5. Where practicable, unless sealed or wrapped, the use of CCA-treated wood should be avoided.
6. A structure which by its size or location may adversely affect water quality, fish and wildlife habitat, wetlands, including mangroves, or submerged aquatic vegetation shall not be authorized by this general permit.
7. The removal of mangroves is prohibited [specifically, red mangroves (Rhizophora mangle), black mangroves (Avicennia germinans), and white mangroves (Laguncularia racemosa)].
8. 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.
9. In addition to the above conditions, the permittee must abide by all of the Special Conditions in Part G (“Special Conditions for All Work) and the attached General Conditions. These Special and General conditions are applicable to all structures and/or work authorized under this general permit.
E. CONDITIONS FOR MINOR STRUCTURES ASSOCIATED WITH SINGLE-FAMILY DOCKS:
1. The work herein authorized will be for minor structures to include:
a. Single mooring piles;
b. Small mooring dolphins (limited to one cluster of 4 or fewer pilings);
c. Non-commercial information signage;
d. Boat lifts, hoists, davits; and,
e. Other minor structures that would have less environmental impact than a small dock.
2. Where practicable, unless sealed, or wrapped, the use of CCA-treated wood should be avoided.
3. Project construction will take place from uplands or from floating equipment (e.g. barge); prop or wheel-washing is prohibited.
4. A structure which by its size or location may adversely affect water quality, fish and wildlife habitat, wetlands, including mangroves, or submerged aquatic vegetation shall not be authorized by this general permit.
5. In addition to the above conditions, the permittee must abide by all of the Special Conditions in Part G (“Special Conditions for All Work) and the attached General Conditions. These Special and General conditions are applicable to all structures and/or work authorized under this general permit.
F. CONDITIONS FOR STORM WATER OUTFALLS:
1. Structures authorized under this general permit are storm water outfalls and appurtenances.
2. Authorization is contingent upon issuance of lawfully required National Pollutant Discharge Elimination System permits (Section 402 of the Clean Water Act) from the U.S. Environmental Protection Agency, Florida Department of Environmental Protection, State Water Management District, or their legally authorized delegate.
3. This general permit authorizes dredging at storm water outfalls. Maintenance dredging is authorized as long as it within the previously authorized dredge foot print and to the previously USACE authorized depth. No additional dredging is authorized under this general permit other than that which would be necessary to restore the discharge structure to its original permitted excavated depth. In addition, if only shallow euryhaline (MHW to -3 feet MLLW) water essential feature is present (i.e. no mangroves), dredged depth are limited to a maximum depth of -3 feet MLLW. If red mangroves are present, dredging, excavation, or disposal is not allowed within 5 feet of all red mangrove prop roots. Muck dredging (dredging or removal of accumulated organics) is not allowed in shallow, euryhaline habitat (MHW to -3 feet MLLW).
4. Excavated spoil material shall be deposited at self-contained upland areas that will prevent spoil material and/or return water from reentering any water of the United States (including wetlands) or interfering with natural drainage.
5. In canals with open access to the Caloosahatchee River or Matlacha Pass Aquatic Preserve, grating shall be installed over the outfall to reduce the risk of entrapment and drowning of manatees. Grating shall be installed over pipes greater than eight 8 inches, but smaller than 8 feet in diameter. Bars or grates no more than 8 inches apart shall be placed on the accessible end(s) to restrict manatee access. The installation of grates applies to submerged or partially submerged pipes and culverts reasonably accessible to manatees.
6. All outfall discharge shall be designed and implemented to prevent erosion and scour.
7. In addition to the above conditions, the permittee must abide by all of the Special Conditions in Part G (“Special Conditions for All Work) and the attached General Conditions. These Special and General conditions are applicable to all structures and/or work authorized under this general permit.
G. SPECIAL CONDITIONS FOR ALL WORK:
1. No activities (Activities A-F above) are authorized within the smalltooth sawfish limited exclusion zones (Attachment 2).
2. The permittee must agree to adhere to PDCs for In-Water Activities (Attachment 4).
3. All project involving the installation of piles or sheet piles shall follow the PDCs for In-Water Noise from Pile and Sheet Pile Installation (Attachment 5).
4. All activities must be completed during daylight hours.
5. No work shall be performed until the permittee submits satisfactory plans, and surveys, if necessary, for the proposed activity and receives written authorization from the City of Cape Coral. (For example: Vegetation surveys which clearly depict what type of vegetation is present on the site, including mangrove species, location of the Mean High Water Line, and the location of wetlands and uplands.)
6. The work authorized herein is limited to existing canals within the City of Cape Coral and does not include the Caloosahatchee River, Matlacha Pass Aquatic Preserve, smalltooth sawfish limited exclusion zones, and the Cape Coral Spreader waterways.
7. No activity shall be authorized under this general permit that may adversely affect water quality, fish and wildlife habitat, wetlands, including mangroves, or emergent or submerged aquatic vegetation.
9. 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.
10. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, contacting the Florida Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research/.
If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes 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 Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. 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.
In the unlikely event that human remains are identified, they will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, the State Archaeologist (850-245-6444), and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps.
11. Conformance with descriptions and quantities contained herein does not necessarily guarantee authorization under this general permit and the District Engineer reserves the right to evaluate any proposed work in waters of the United States as a Standard Permit.
12. Any structure or work authorized under this general permit must not interfere with general navigation.
13. In canals with open, lift, or lock access to the Caloosahatchee River or Matlacha Pass Aquatic Preserve, prior to verification of authorization, the dichotomous key entitled “The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida – March 2011”, will be used to determine potential manatee impacts. Projects judged as a “may affect” to the manatee are not authorized by this general permit and will be coordinated with the U.S. Fish and Wildlife Service by the Corps in accordance with the Endangered Species Act. Projects judged as a “may affect not likely to adversely affect” must follow all additional, specific conditions related to the pertinent activities as outlined in the Key and its associated maps. 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.
14. In canals with open, lift, or lock access to the Caloosahatchee River or Matlacha Pass Aquatic Preserve, the permittee will utilize the “Standard Manatee Conditions for In-Water Work, 2011” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_species/Manatee/2011_StandardConditionsForIn-waterWork.pdf)
15. In canals with open, lift, or lock access to the Caloosahatchee River or Matlacha Pass Aquatic Preserve, the permittee will utilize the “Sea Turtle and Smalltooth Sawfish Construction Conditions” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_species/sea_turtles/inwaterWorkSeaTurtle032306.pdf ) 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.
16. Turbidity control measures will be used to control water quality and the work must be in accordance with State Water Quality Standards as outlined in Florida Statute 62.302. Turbidity control measures may include but are not limited to, turbidity control curtains, the exclusive use of suction dredging, the exclusive use of closed “clam shell” dredging, or any other technique necessary to reduce turbidity to no more than background turbidity. The Florida Department of Environmental Protection (FDEP) may require the applicant to submit a daily turbidity report which may be verified by state or local government inspectors.
17. No activity shall be authorized under this general permit which is likely to adversely affect a Federally-listed threatened or endangered species or a species proposed for such designation, or destroy or adversely modify its designated critical habitat.
19. All projects shall follow the Best Management Practices (BMPs) defined in the Noise
Effects Matrix and BMPs provided in Attachment 5. These BMPs do not include the
installation of metal or sheet piles installed by impact hammer. They also require the
use of noise abatement measures if 5 or more concrete piles are installed by impact
hammer in a confined space as defined in Appendix C. No project shall be authorized
that results in noise in excess of the established thresholds for physical injury (single
strike and cumulative exposure) for ESA listed sea turtles, smalltooth sawfish, Atlantic,
Gulf and shortnose sturgeon. This includes, but is not limited to, the use of seismic
surveys, low frequency sonar, explosions, and seismic air guns typically towed
underwater by vessels to locate oil and gas deposits.
20. This PGP 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.
21. Activities qualifying for this programmatic general permit (PGP) 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 Water Quality Certification (WQC) or waiver thereto, and Coastal Zone Consistency Concurrence (CZCC). WQC is waived for activities authorized under this PGP that qualify for an exemption under s. 403.813(1) 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, or any designated Federal, State, or local agency administering general permits on behalf of 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, or any designated Federal, State, or local agency administering general permits on behalf of the Corps under shall not be precluded from acting on a request to use this PGP before the applicable SSL authorization is granted.
22. Applicable permits under IV of Chapter 373 of the Florida Statutes, and applicable state lands authorizations under Chapter 253 of the Florida Statutes must be obtained from the State of Florida, the South Florida Water Management District (SFWMD), FDEP, or their authorized representatives, as appropriate.
23. For projects authorized under this permit in navigable waters of the U.S., 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.
24. This programmatic general permit will be valid for a period of 5 years from the date specified above unless suspended or revoked by the District Engineer prior to that date. If SAJ-91 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-91 will remain in effect provided the activity is completed with 12 months of the date SAJ-91 expired or was revoked.
25. The General conditions attached hereto are made a part of this permit and must be attached to all authorizations processed under this permit.
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.
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.
WATER QUALITY CERTIFICATION: The proposed reissuance of this permit is being coordinated via separate letter with the Florida Department of Environmental Protection (DEP) in accordance with Section 401 of the Clean Water Act, 33 U.S.C. §1341.
COASTAL ZONE MANAGEMENT CONSISTENCY: The proposed reissuance of this permit is being coordinated via separate letter with the Florida Department of Environmental Protection (DEP) in accordance with the Coastal Zone Management Act, 16 U.S.C. §1451-1465 (CZM), and its implementing regulation, 15 C.F.R. 930, Subpart C.
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.
OTHER AGENCY COORDINATION: The proposed reissuance of this permit is being coordinated via separate letters with the U.S. Fish and Wildlife Service as required under Section 7 of the Endangered Species Act, and with the National Marine Fisheries Service for Essential Fish Habitat as required under the Magnusson-Stevens Fishery Conservation and Management Act. Additionally, the proposed reissuance of this permit is being coordinated with the Environmental Protection Agency under Section 404 of the Clean Water Act.
RESPONSE: Comments regarding the proposed reissuance of this Programmatic General Permit SAJ-91 should be submitted in writing to the District Engineer at the above address within 45 days from the date of this notice. The permit will be reissued without further notice if no adverse comments are received. If you have any questions concerning this proposal, you may contact Ms. Brianne McGuffie at the letterhead address or by electronic mail at Brianne.E.McGuffie@usace.army.mil.
GENERAL CONDITIONS
1. The time limit for completing the work authorized ends on ______________
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to the Fort Myers Regulatory Office at 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919 to validate the transfer of this authorization.
6. You must allow a representative from the Corps or its delegated authority to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit verification is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Verification Decision: This office may reevaluate its decision on this permit verification at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in reaching
the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified .in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.