MAINTENANCE AND MINOR DREDGING IN FLORIDA
PROPOSAL: To simplify and streamline permitting of Department of Army (DA) permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is proposing to update and re-issue the above-listed RGP. A draft of the proposed general permit conditions is provided, below.
BACKGROUND: On April 5, 2013, the Corps reissued the above referenced general permit for maintenance dredging in residential canals in the State of Florida. This general permit was originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps’ ORM 2 database, during the time period October 10, 2012 through October 10, 2017, the SAJ-5 has been utilized a total of 56 times. Please note, the category of work has been expanded; therefore, the title of the general permit has changed from Maintenance Dredging in Residential Canals in Florida to Maintenance and Minor Dredging in Florida.
AUTHORITY: Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Corps proposes to re-issue RGP SAJ-5 for maintenance and minor dredging in waters of the United States, within the State of Florida, in accordance with the following Special Conditions.
WORK AUTHORIZED: The work herein authorized includes new work and maintenance associated with dredging, as described below, throughout the State of Florida. The specific dredge activities and parameters included are:
Maintenance dredging is defined as dredging located within the same footprint and to the same depth as previously authorized. If the previously authorized depth is unknown, dredging is limited to -7.0 ft Mean Low Water (MLW) including any advanced maintenance or overdredge.
Minor Dredging is defined as new dredging for:
Accommodating vessel mooring at boat slips around docks and marinas, the size is limited to the minimum necessary to accommodate vessel mooring, not to exceed 5,000 ft². The maximum allowed dredging depth (including overdredge) cannot exceed the depth of the adjacent navigational channel (i.e., controlling depth) or a maximum depth of -7 ft MLW. For projects located adjacent to federal channels (not within the dredged navigational channel), the dredging depth can exceed -7 ft MLW so long as it does not exceed the controlling depth of the federal channel.
Treasure hunting and salvage operations that use blowers, propeller deflectors, and suctioning devices, the size is limited to a total of 5,000 ft² and is limited to sandy areas only.
Minor dredging includes dredging to accommodate the placement of shoreline stabilization, outfall structures; boat ramps; upland cut boat ramps and basins; temporary platforms, fill, and cofferdams; and placement of erosion and scour control-measures. This type of dredging is usually required to embed materials and/or to allow smooth transition of the work to the natural surrounding elevation.
Muck Dredging for Water Quality: Muck Dredging, or removing accumulated organic to restore natural habitats and for water quality enhancement, as follows:
Muck dredging cannot be used to increase water depths to support navigation, access, or vessel mooring.
Dredging depths are limited to only that necessary to remove the muck layer down to natural sediments.
SPECIAL CONDITIONS:
Written Authorization Required: No work shall be performed until the applicant submits satisfactory plans for the proposed work and receives written authorization from the District Engineer.
Excluded Activities: Hopper dredging and dredging of Federal channels is not included. Minor dredging does not include dredging to create new navigational channels. SAJ-5 does not authorize the removal of plugs or the connection of any canal or other non-connected waterbody to navigable waters of the United States or to any other waters of the United States.
Exclusion Areas: The following areas are specifically excluded from authorization under SAJ-5:
Motorboat prohibited zones, no entry zones, and Federal Manatee Sanctuaries.
Biscayne Bay National Park Protection Zone (Dade County), St. Lucie Impoundment (Martin County), and areas identified in the Wild and Scenic Rivers Act (16 U.S.C. 1317, et seq.): the St. Mary’s River, from its headwaters to its confluence with the Bells River, the entire Wekiva River, including Wekiwa Springs Run, Rock Springs Run, the entire Seminole Creek, and Black Water Creek from its outfall at Lake Norris to its confluence with the Wekiva River, the Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson State Park.
The following state parks: 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.
Canals in the Kings Bay/Crystal River/Homosassa/Salt River system (Citrus County).
Guana Tolomato Matanzas National Estuarine Research Reserve (St. Johns and Flagler Counties).
Lake Miccosukee (Leon and Jefferson Counties).
National Marine Fisheries Service designated smalltooth sawfish limited exclusion zones, and designated Critical Habitat for the Gulf sturgeon and North Atlantic right whale.
Those areas subject to Shoreline Management Plans (i.e., Lake Seminole and Lake Okeechobee and the Okeechobee Waterway).
Timucuan Ecological and Historical Preserve: No work shall be authorized by this RGP within the boundaries of the Timucuan Ecological and Historical Preserve (Duval County) until the National Park Service has been contacted and offered the opportunity to submit comments to the Corps on the effects of the proposed project on the preserve.
Smalltooth sawfish critical habitat:
Maintenance dredging of canals in smalltooth sawfish critical habitat is included as long as it is within the previously authorized dredge footprint and to the previously Corps authorized depth.
For minor dredging: If only the shallow euryhaline (Mean High Water Line (MHWL) to -3 ft MLLW) water essential feature is present (i.e., no red mangroves), dredged depths are limited to a maximum depth of -3 ft MLLW. If red mangroves are present, dredging, excavation, or disposal is not allowed within 5 ft of all red mangrove prop roots.
Muck dredging is not allowed in shallow, euryhaline habitat (MHWL to -3 ft MLLW)
Dredging and disposal activities are not allowed in areas identified as smalltooth sawfish limited exclusion zones, as shown in Attachment A.
Gulf sturgeon critical habitat: No treasure hunting or muck dredging is allowed in Gulf sturgeon critical habitat at any time of year. No maintenance or minor dredging is allowed in Gulf sturgeon critical habitat between September and March, when sturgeon are likely to be present in these areas.
Acropora critical habitat: This RGP does not cover dredging (maintenance, minor, or muck) and disposal in Acropora critical habitat where the essential features are present. This RGP does not cover projects requiring penetrating or removing underlying hard substrate (e.g., bedrock, hardbottom) using any methods including blasting or fracturing. Treasure hunting is not allowed in Acropora critical habitat.
Johnson’s seagrass critical habitat: Treasure hunting is not allowed in waters less than 12 ft (4 m) deep. Muck dredging is not allowed if the essential features are present.
U.S. Fish and Wildlife Service Critical Habitat: In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized until consultation, either individually or programmatically, on the projects have been concluded with the U.S. Fish and Wildlife Service (USFWS): Within American crocodile designated critical habitat, Gulf sturgeon designated critical habitat under the jurisdictional responsibility of the USFWS; within the designated critical habitat for federally listed freshwater mussels, and freshwater mussels proposed for listing consisting of the following drainages: Within the main stem, creeks, and tributaries of the following rivers: Escambia (Escambia and Santa Rosa Counties), Yellow (Santa Rosa, Okaloosa, and Walton Counties), Choctawhatchee (Walton, Bay, Washington), Chipola (Jackson, Calhoun, and Gulf Counties), Apalachicola (Jackson, Calhoun, Gadsden, Liberty, Gulf, and Franklin Counties), Ochlockonee (Franklin, Wakulla, Liberty, Leon, and Gadsden Counties), Santa Fe and New (Columbia, Suwannee, Bradford, Baker, Union, Gilchrist, and Alachua Counties), and Econfina Creek and its tributaries (Bay and Washington Counties).
Endangered Species Consultation: This permit has undergone consultation with the USFWS and the NMFS, either individually or programmatically, on the listed species and any designated critical habitat noted on Table 1. If the proposed activity requires additional Section 7 consultation under the Endangered Species Act with the USFWS and/or NMFS on: 1) these or any other Federally listed threatened or endangered species or a species proposed for such designation; or 2) designated critical habitat for these or any other Federally listed threatened or endangered species or proposed critical habitat for any Federally listed threatened or endangered species, until consultation is concluded, the proposed activity cannot be authorized under SAJ-5.
Manatee 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, March 2013” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_species/Manatee/2013_FINAL_ManateeKey.pdf) will be used to determine potential manatee impacts. Those determined to be a “may affect” to the manatee will not be authorized until consultation on the project has been 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 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.
Manatee Construction Conditions: For projects in waters accessible to manatees, 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) and/or requirements, as appropriate for the proposed activity. Note: The manatee 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.
Sea turtles, Sawfish, and Sturgeon Conditions: For projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon, the permittee shall comply with the Project Design Criteria (PDC) for In-Water Activities (Attachment B). 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.
Diurnal: All in-water work must occur during daylight hours.
Disposal Site: Excavated spoil material shall be deposited in a self-contained upland (i.e., non-wetland pursuant to current Federal criteria) disposal site that will prevent spoil material and/or return water from re-entering any water of the United States or interfering with natural drainage, and which does not support, or is incapable of supporting, any federally proposed, threatened, or endangered species, particularly the Florida scrub-jay or eastern indigo snake, and/or the designated critical habitats of any listed species noted on Table 1 (attached).
Florida scrub-jay: Habitat for the Florida scrub jay would include xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, and sand pine scrub. A complete description of Florida scrub jay habitat can be found in the FWS survey guidance found at: (http://www.fws.gov/northflorida/Scrub-Jays/general-survey-guide-082407.htm).
Eastern indigo snakes: Prior to verification of authorization, the dichotomous key titled “South Florida Eastern Indigo Snake Programmatic Effect Determination Key, August 2017” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_species/Indigo/20170801_letter_Service%20to%20Corps_Revised%20EIS%20Key.pdf?ver=2017-08-03-145030-510) or “North Florida Eastern Indigo Snake Programmatic Effect Determination Key, August 2013” (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_species/Indigo/20130813_ltr_Update%20addendum_2010%20COE%20Programmatic%20EIS%20Key.pdf?ver=2013-08-20-095421-223) will be used to determine potential Eastern indigo snake impacts. Both Key’s are located on the Jacksonville District website in the Source Book section. Those determined to be a “may affect” to the Eastern indigo snake will not be authorized until consultation on the project has been 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 concluded. Note: The Eastern indigo snake 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.
Essential Fish Habitat and Endangered Species: Shoreline stabilization activities that require dredging of wetlands will not be authorized under this regional general permit. No work shall be authorized by SAJ-5 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: Johnson’s seagrass (Halophila johnsonii), shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), 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.
Turbidity Control: 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.
Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC): Activities qualifying for this RGP 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 WQC or waiver thereto, and CZCC. WQC is waived for activities authorized under this RGP that qualify for an exemption under s. 403.813(1)(i) 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 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 shall not be precluded from acting on a request to use this RGP before the applicable Sovereign Submerged Lands (SSL) authorization is granted.
Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas, including the upland disposal area and construction staging areas, to prevent the displacement of fill material outside the work area into waters of the United States. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.
Cultural Resources/Historic Properties:
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.
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 and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). 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.
Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and 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 for finds under his or her jurisdiction, and from the Corps.
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 and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). 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 and from the Corps.
Wetlands: Excavation of wetlands is not authorized by this regional general permit. Wetlands are those areas that are periodically inundated and saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Marked 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 area of work.
Navigation and Flood Control: Activities authorized under this general permit shall not impede navigation or affect flood control.
Activities Affecting Structures or Works Built by the United States: If an activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project (a “Corps project”), the activity is not 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.
State-listed fish and wildlife species: This RGP 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.
Discretionary Authority: Conformance with the descriptions and criteria 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 processed as a standard permit.
Expiration Date: This regional general permit will be valid for a period of five years from the date authorized unless suspended or revoked by the District Engineer prior to that date. If SAJ-5 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-5 will remain in effect provided the activity is completed within 12 months of the date SAJ-5 expired or was revoked.
General Conditions: 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.
Agency Coordination: This proposed RGP is being coordinated via separate letter 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 – Habitat Conservation Division for Essential Fish Habitat as required under the Magnuson-Stevens Fishery Conservation and Management Act.
RESPONSE: Comments regarding this proposed reissuance of Regional General Permit SAJ-5 should be submitted in writing to Ms. Krista Sabin at the letterhead address or electronic mail at Krista.D.Sabin@usace.army.mil within 30 days from the date of this notice. If no adverse comments are received, evaluation may continue without further notice.