PROPOSAL: The Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to reissue Regional General Permit SAJ-72 for Residential Docks in Citrus County Florida.
BACKGROUND: On June 21, 2013, the Jacksonville District, U.S. Army Corps of Engineers reissued Regional General Permit SAJ-72 for Residential Docks in Citrus County, Florida. The Corps, pursuant to Section 10 of the Rivers and Harbors Act of 1899, originally issued SAJ-72 in 1996. The Corps has reviewed and reissued SAJ-72 every five years since then. According to the Corps’ ORM database, during the years 2012-2017, the Corps has utilized SAJ-72 a total of 292 times.
The term “general permit” means a Department of the Army authorization that is issued on a nationwide or regional basis for a category of activities when those activities are substantially similar to each other in nature, and cause only minimal individual and cumulative environmental impacts. General permits decrease the administrative burden on the public and reduce application review timeframes, while effectively administering the laws and regulations under purview of the Corps’ regulatory program.
In most instances, anyone meeting the conditions of a general permit can receive project specific authorization. Anyone not meeting the conditions of a general permit may still receive authorization via a “standard permit.” However, when the Corps reviews an application as a standard permit, the Corps conducts an individual review of the particular project and may coordinate with third parties, including the federal and state resource agencies.
In the case of categories of work involving similar, minor activities, standard permit reviews are burdensome and typically result in redundant institutional effort over time. For the vast majority of these substantially similar minor projects, the additional effort does not result in any increased benefit to the environment, the applicant, or the public at large.
The Corps performs an assessment of the cumulative impacts of work authorized under a general permit every five years to determine if it is in the Public Interest for the Corps to reissue a general permit and continue to utilize it.
Draft of Proposed Regional General Permit: A draft of the regional general permit proposed for reissuance follows:
Regional General Permit SAJ-72
SAJ-2006-02758 (JED)
Residential Docks in Citrus County, 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), general authority is hereby given to construct residential docks in Citrus County, Florida. SAJ-72 is subject to the following special and general conditions:
SPECIAL CONDITIONS:
1. Structures authorized under this general permit are located in Citrus County, Florida and must conform to the Citrus County Manatee Protection Plan (CCMPP) of Chapter 13, Manatee Protection Element of the Citrus County Comprehensive Plan, as revised December 2, 1997, and any future revisions adopted during the authorization period of this general permit. Structures not in compliance with the CCMPP shall be evaluated under an individual permit process. Under most circumstances, the CCMP limits single family residences to one boat slip per 100 of owned shoreline. The current version of the CCMP can be found on the Citrus County Board of County Commissioners Home Page at:
http://www.citrusbocc.com/plandev/landdev/comp-plan/chapter-13.pdf
2. No work shall be performed until the applicant submits satisfactory plans for the proposed structure, and receives written authorization from the District Engineer.
3. Prior to issuance 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”, dated April 2013, will be used to determine potential manatee impacts. All projects determined to be "may affect" and certain multi-slip facilities determined to be “may affect, not likely to adversely affect” will be sent by the Corps for consultation with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. 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 each Department of the Army permit application. The current version can be found on the Jacksonville District Regulatory Home Page at:
http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx
4. For projects in waters accessible to sea turtles, Smalltooth sawfish, or Gulf sturgeon, the permittee will utilize the “Sea Turtle and Smalltooth Sawfish Construction Conditions, March 23, 2006” and/or requirements, as appropriate for the proposed activity. These conditions can be accessed at the Jacksonville District Regulatory Division internet webpage in the Endangered Species, Sea Turtles section of the Sourcebook located at:
http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx
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.
5. For projects in and/or over waters accessible to manatees, the permittee will implement the Standard Manatee Conditions for In-Water Work, July 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.
6. No living, fueling, or storage facilities over navigable waters of the United States are authorized under this general permit.
7. Projects proposing installation of any type of piling greater than 24” in diameter, or installation of any size of metal piling or sheet piling by impact hammer cannot be authorized under SAJ-72 until project-specific consultation has been reinitiated and concluded with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, as appropriate.
8. Cultural Resources and/or Historic Properties:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
9. 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.
10. Turbidity controls measures may be required, and the work must be conducted so as to prevent violations of State Water Quality Standards as established in sections 62-4.242 and 62.4.244 of the Florida Administrative Code, and Chapters 62-302, 62-520, 62-522 and 62-550 of the Florida Administrative Code.
11. Prior to the initiation of any construction, projects qualifying for this regional general permit must qualify for an exemption under section 403.813(1) F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S.
12. 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.
13. A structure authorized under this general permit must not interfere with general navigation. To maintain no less than 50% of the open-water portion of the waterbody available for public use, structures constructed on canals or channels must not extend more than 25% of the canal/channel width.
14. A structure which by its size or location may adversely affect water quality, forested or emergent wetlands, or submerged aquatic vegetation will not be authorized under this general permit. If the project site supports emergent or submerged aquatic vegetation, a structure authorized under this general permit shall adhere to the Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat, August 2001 (and any future revisions adopted during the authorization period of this general permit), jointly developed by the U.S. Army Corps of Engineers and the United States Department of Commerce, National Marine Fisheries Service. These guidelines can be accessed at the Jacksonville District Regulatory Division internet webpage in the Other Permitting Factors, In-Water Construction Conditions section of the Sourcebook located at:
www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/other_permitting_factors/DockGuidelines2008_Revised.pdf
Where SAV presence on a specific site is expected, but may not currently exist due to causes such as seasonal die-off, a structure authorized under this general permit shall adhere to the Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat, August 2001 unless a survey (performed between June 1 and September 30) confirms year round absence of SAV at the project site.
15. No work shall be authorized by SAJ-72 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to hard or soft corals, including listed corals, mangroves, estuarine emergent vegetation, marine emergent vegetation, and/or the following species of submerged aquatic vegetation: shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), Johnson’s seagrass (Halophila johnsonii), sago pondweed (Potamogeton pectinatus), clasping-leaved pondweed (Potamogeton perfoliatus), widgeon grass (Ruppia maritima), manatee grass (Syringodium 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.
16. Structures authorized under this general permit must satisfy the project design criteria provided for all activities and pile-supported structures as stated in the most recent National Marine Fisheries Service Protected Resource Division’s programmatic Biological Opinion (i.e., Florida Statewide Programmatic Biological Opinion, December 2015 (SWPBO) or JaxBO), and result in a “not likely to adversely affect determination” for sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); North Atlantic right whales; and designated critical habitat for Johnson's seagrass, smalltooth sawfish, Gulf sturgeon, loggerhead sea turtle, North Atlantic right whale, and elkhorn and staghorn corals. In accordance with the Endangered Species Act, the Corps will seek individual consultation with NMFS for all projects for which an existing programmatic Biological Opinion would not support a “not likely to adversely affect” determination prior to permit issuance. The most current programmatic Biological Opinion from NMFS, SWPBO, 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/Source-Book/
17. The materials used for construction must consist of suitable material and be free of toxic pollutants in other than trace quantities.
18. For projects authorized under the SAJ-72 in navigable waters of the United States, the permittee understands and agrees that, if future operations by the United States require the removal, relocation or other alteration of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.
19. Within 60 days of completion of the authorized work and mitigation, a Self-Certification Statement of Compliance (reference http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/forms/Other/SelfCert.pdf ) must be completed and submitted to the Corps. The form must reference the site specific Department of the Army permit number associated with the work. The completed form must be mailed to the Jacksonville District, Enforcement Section.
a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019.
b. For electronic mail SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB).
20. SAJ-72 will be valid for a period of five years from the date of issuance noted above unless suspended or revoked by the District Engineer prior to that date. If the SAJ-72 expires or is revoked prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SAJ-72 will remain in effect provided the activity is completed within 12 months of the date the SAJ-72 expired or was revoked.
21. The District Engineer reserves the right to require that any request for authorization under this general permit be processed as an Individual Permit.
22. The Permittee shall perform all work in accordance with the general conditions
for permits. The General Conditions attached hereto are made a part of this permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Jason A. Kirk, P.E.
Colonel, U.S. Army
District Commander
CULTURAL RESOURCES: The Corps has initially determined, pursuant to Section 106 of the National Historic Preservation Act, that the reissuance of SAJ-72 has no potential to cause effect to any historic resource listed, or eligible for listing in the National Register of Historic Places.
The Corps bases this determination on two factors. First, all work the Corps authorizes pursuant to SAJ-72 will have to comply with the standard special condition relating to the protection of historic properties (See Special Condition #8 in the draft provided above). Second, the typical activity SAJ-72 would authorize is of such limited scope there is little likelihood of impact upon a historic property. The typical ground disturbing activity associated with residential dock construction is the installation of pilings into the waterbody substrate. Therefore, the activities SAJ-72 would authorize would have “No Potential to Cause Effect” on historic properties or cultural resources under normal circumstances.
In the event that the Corps is unable to determine that a particular project has no potential to cause effect to any historic resource, the Corps will forgo verifying that the project complies with SAJ-72 until the Corps solicits comments from the State Historic Preservation Officer.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. In summary, SAJ-72 would mandate the implementation of the current version of the Manatee effect determination for every project reviewed for compliance with SAJ-72. Also, SAJ-72 would require the use of the Standard Manatee Conditions for In-Water Work for every project which would occur in waters accessible to Manatees. Furthermore, the special conditions of SAJ-72 would only authorize projects consistent with Citrus County’s existing Manatee protection plan. Lastly, SAJ-72 would not authorize projects which would adversely affect submerged aquatic vegetation vital to the Manatee diet. The Corps will request, via separate letter, Fish and Wildlife Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect, but is not likely to adversely affect the Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Smalltooth sawfish (Pristis pectinata), or Gulf sturgeon (Acipenser oxyrhynchus desotoi), or these species designated critical habitat. The Corps bases this determination on the basis of special condition 16 in the above draft of SAJ-72. The Corps will request, via separate letter, National Marine Fisheries Service- Protected Resources Division’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Because of possible impacts to the EFH types of mud, sand, shell, rock, and/or estuarine water column, the proposed regional general permit may impact various life stages (primarily larval) of the following species or species complexes: penaeid shrimp complex; red drum; stone crab; spiny lobster; and/or the snapper/grouper complex.
However, our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Gulf of Mexico. No work shall be authorized by SAJ-72 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to hard or soft corals, including listed corals, mangroves, estuarine emergent vegetation, marine emergent vegetation, and/or submerged aquatic vegetation. Indirect effects include secondary and cumulative effects. In addition, the project cannot have adverse effects on any other essential fish habitat. See special conditions 14 and 15 of the draft provided above.
Our final determination relative to the proposal impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service. The Corps will request, via separate letter, National Marine Fisheries Services- Habitat Conservation Division’s concurrence with this determination pursuant to Magnuson-Stevens Fishery Conservation and Management Act 1996.
COMMENTS regarding the potential reauthorization of SAJ-72 should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, Gainesville Field Office, 2833 NW 41st St. Unit 130, Gainesville, FL 32606 within 30 days from the date of this notice.
QUESTIONS concerning this application should be directed to the project manager, James “Bo” Davidson, in writing at the Tampa Permits Section, Gainesville Field Office, Gainesville, FL 32606; by electronic mail at james.e.davidson2@usace.army.mil; by facsimile transmission at (352)264-7733; or, by telephone at (352)264-7672.
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.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
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.