Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2006-06019 (SP-BJC) and SAJ-2006-01735 (SP-SCW)

Published Jan. 17, 2018
Expiration date: 3/19/2018

PROPOSAL: To simplify and speed processing of Department of the Army permits for a specific type of project involving substantially similar minor in-water work, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to combine General Permits SAJ-33 for Private Multi-Family or Government Piers in Florida and SAJ-34 for Private Commercial Piers in Florida. Reissuance of SAJ-33 will encompass Private Multi-Family Piers, Government Piers and Private Commercial Piers in Florida.

BACKGROUND: On April 8, 2013, the Jacksonville District, U.S. Army Corps of Engineers reissued Regional General Permit SAJ-33 for Private Multi-Family or Government Piers in Florida. The Corps, pursuant to Section 10 of the Rivers and Harbors Act of 1899, originally issued SAJ-33 and SAJ-34 in 2007. The Corps has reviewed and reissued SAJ-33 and SAJ-34 every five years since then. According to the Corps’ ORM database, during the years 2007-2017, the Corps has utilized SAJ- 33 a total of one hundred and forty-five (145) times and SAJ-34 a total of forty-six (46) times.

The term “general permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations, which establish and govern the 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-33
SAJ-2006-06019 (BJC)

Private Multi-Family Piers, Government Piers or Commercial Piers in 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 private multi-family piers, government piers or commercial piers less than 1,000 square feet in surface area in navigable waters of the United States within the State of Florida, subject to the following conditions:

SPECIAL CONDITIONS:

1. Structures authorized under this general permit are private multi-family docks/piers, government docks/piers, or commercial docks/piers less than 1,000 square feet in surface area and designed to accommodate not more than four vessels, including dry storage, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. Slips for non-motorized vessels (e.g., kayak, canoe, and paddleboard) and associated launching areas do not count toward the total slip number. This general permit includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways (as long as they are designed and clearly marked to prohibit fishing and vessel mooring), mooring pilings, and maintenance of same. This does not include structures that support large commercial vessels including ferries, tankers, and cargo ships such as ferry terminals and large ports.

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. The following are specifically excluded from authorization under SAJ-33:

a. Installation of metal piles or metal sheet piles by impact hammer.

b. Construction during non-daylight hours.

c. Municipal fishing piers.

d. Living, fueling or storage facilities over navigable waters of the United States

e. Motorboat prohibited zones, no entry zones, and Federal Manatee Sanctuaries.

f. All area regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between St. Lucie Lock in Martin County and W. P. Franklin Lock in Lee County.

g. Designated Critical Habitats of the following species:

(1) American Crocodile

(2) Smalltooth Sawfish Critical Habitat Limited Exclusion Zones (Table 1 and Figure 1)

(3) Loggerhead Sea Turtle

(4) Acropora (Elkhorn and staghorn corals)

(5) Atlantic sturgeon Critical Habitat Exclusion Zone (Figure 2)

(6) Johnson Seagrass: New multi-family piers are excluded. Repair, replacement, and reconfiguration of existing multi-family facilities may be covered if it (1) occurs within same overall footprint (out to the perimeter of the facility, including the outer limits of the structure and permitted mooring locations), (2) does not increase the total aerial extent (i.e., area of coverage from the dock structures) of the existing facility, and (3) does not affect Johnson’s seagrass.

h. Biscayne Bay National Park

i. St. Lucie Impoundment (Martin County)

j. Wild and Scenic Rivers Act (16 U.S.C. 1317, et seq.): 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.

k. 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.

l. Kings Bay/Crystal River/Homosassa/Salt River system (Citrus County) and canals connected to these waterways.

m. Lake Miccosukee, located on the common boundary between Leon and Jefferson Counties.

n. Coastal Lakes: Within, their outfalls, and/or the shore areas between the lakes and the Gulf of Mexico as depicted on the attached map (Figure 3).

o. Areas on or contiguous to ocean beaches.

p. Nearshore sea turtle reproductive habitat:

4. Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) Conditions

a. Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html

b. Reporting of interactions with protected species:

(1) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.

(2) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com

(3) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov

(4) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-877-WHALE HELP (1-877-942-5343).

(5) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16.

c. Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures:

(1) Construction Equipment:

i) All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area.

ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible.

iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition.

(2) All Vessels:

i) Sea turtles: Maintain a minimum distance of 150 ft.

ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).

iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/).

iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners.

v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft.

vi) When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area.

vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits.

d. Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications:

(1) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters.

(2) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions.

(3) Position turbidity barriers in a way that does not block species’ entry to or exit from designated critical habitat.

(4) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions.

(5) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cable line). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion.

e. Entanglement: All turbidity curtains and other in-water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species.

(1) In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water.

(2) Turbidity curtains and other in-water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area.

5. The project must designed to meet the following PDCs if the project occurs in the critical habitat as described below:

a. Johnson’s Sea Grass: Structures must comply with PDCs for Docks or Other Minor Structures (reference Attached Dock Construction Scenarios): These PDCs address the anticipated dock construction scenarios expected within Florida and the U.S. Caribbean and provide NMFS PRD’s construction guidelines for projects occurring (1) within Johnson’s seagrass critical habitat; (2) within the range of Johnson’s seagrass , but outside of Johnson’s seagrass critical habitat; and (3) outside of both the range and critical habitat for Johnson’s seagrass. These scenarios consider whether a seagrass survey was conducted for projects within the range of Johnson’s seagrass or located in Johnson’s seagrass critical habitat. Surveys must be completed within 1 year prior to submittal of the application to the action agency for project authorization. There is no seasonal restriction for Johnson’s seagrass surveys; however, Johnson’s seagrass is found within the range of other seagrass species that exhibit a seasonal pattern of growth and distribution. For comparison, NMFS Habitat Conservation Division’s recommended sampling window for non-listed species is June 1 to September 30. New marinas or multi-family facilities in Johnson’s seagrass critical habitat are not authorized with this permit. Repair, replacement, and reconfiguration of private multi-family or government piers may be covered if it (1) occurs within same overall footprint (out to the perimeter of the facility, including the outer limits of the structure and permitted mooring locations), (2) does not increase the total aerial extent (i.e., area of coverage from the dock structures) of the existing facility, and (3) does not affect Johnson’s seagrass. Mooring fields are allowed in Johnson’s seagrass critical habitat and within the range of Johnson’s seagrass so long as they occur in waters deeper than -13 feet (-4 meters).

b. Gulf sturgeon: Additional noise restrictions are required for pile and sheet pile installation in the Gulf sturgeon critical habitat migratory restriction zones (Table 2 and Figure 4). The allowable pile and sheet pile driving activities vary depending on the project area (reference attached PDCs Specific to the Gulf Sturgeon Critical Habitat Migratory Restriction Zones).

c. Northern Right Whale: For any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of North Atlantic right whale critical habitat (as measured in a radius from the center of the nearest inlet to open ocean (Figure 5, Table 3 and North Atlantic Right Whale Federal Regulations Information Handout Attachment) the property owner will be provided a handout with their USACE permit describing the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales.

6. West Indian Manatee: For project in waters accessible to manatees:

a. 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, April 2013" (reference Attachment) shall be used to determine potential manatee impacts. Those determined to be a "may affect" to the manatee will not be authorized unless consistent with the 2013 Manatee Programmatic Consultation or individual consultation on the project is required and has been reinitiated and 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.

b. The permittee will utilize the “Standard Manatee Conditions for In-Water Work, 2011” (reference Attachment) 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.

7. Freshwater Mussels: In accordance with Section 7 of the Endangered Species Act, projects proposed within habitat for federally listed freshwater mussels and freshwater mussels proposed for listing cannot be authorized until consultation on the project has been concluded with the U.S. Fish and Wildlife Service. These drainages are as follows: Escambia River, Yellow River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Suwannee River, Santa Fe and New Rivers, and Econfina Creek (Florida panhandle) and their creeks and tributaries. 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.

8. Mangroves:

a. All projects must be sited and designed to avoid or minimize impacts to mangroves.

b. Mangrove removal must be conducted in a manner that avoids any unnecessary removal and is limited to the following instances:

1) Removal to install up to a 4-ft-wide walkway for a dock.

2) Removal to install up to an 8-ft-wide walkway for public docks, where the walkway is necessary to address compliance with the Americans with Disability Act (ADA).

3) Removal to install culverts necessary to improve water quality or restore hydrology between 2 water bodies. Such mangrove removal is limited to a maximum of 20 linear feet (lin ft) of shoreline per culvert opening.

4) Removal of mangroves above mean high water (MHW) provided that the tree does not have any prop roots that extend into the water below the MHWL

c. Mangrove Trimming. Mangrove trimming is regulated by FDEP, Puerto Rico Department of Natural and Environmental Resources, and U.S. Virgin Islands Department of Planning and Natural Resources. Consistent with those authorities, when used in this Opinion, mangrove trimming refers to the removal (using hand equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of the trunk of the tree) in a manner that ensures survival of the tree. This Opinion does not limit or supersede any restrictions on mangrove removal required under any federal, state, or local law.

1) This Opinion only covers projects with associated mangrove trimming occurring waterward of MHW if such trimming (1) occurs within the area where the authorized structures are placed or will be placed (e.g., removal of branches that overhang a dock), (2) is necessary to provide temporary construction access, and (3) is conducted in a manner that avoids any unnecessary trimming.

2) The Opinion does not apply to projects proposing to remove red mangrove props roots waterward of MHW, except for removal to install the dock walkways, as described above (up to a 4-ft walkway and up to a 8-ft ADA compliant walkway) and to install culverts necessary to improve water quality or restore hydrology between 2 water bodies.

9. Essential Fish Habitat: No work shall be authorized by SAJ-33 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 (Syringodiumfiliforme), turtle grass (Thalassia testudinum), tapegrass (Vallisneria americana), homed 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.

10. Signs: Must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_signs/index.html).

a. All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database.

b. Projects within the North Atlantic right whale educational sign zone (Figure 5) shall post the Help Protect North Atlantic Right Whales sign.

c. On the east coast of Florida projects occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line.

11. Monofilament Recycling Bins: Must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in or ingestion of marine debris. Monofilament recycling bins must:

a. Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com.

b. Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow.

12. Timucuan Ecological and Historical Preserve: No structures shall be authorized by SAJ-33 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.

13. Project construction will take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited.

14. Piling Installation:

a. Projects proposing installation of any type of piling greater than 24-inches in diameter, or installation of any size of metal piling or sheet piling by impact hammer cannot be authorized under SAJ-33 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.

b. All projects involving the installation of piles or sheet piles shall follow PDC’s for In-Water Noise from Pile and Sheet Pile Installation (reference Attachment).

15. Cultural Resources:

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 within two calendar days. 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 CPR 800 or 33 CPR 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 CPR 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 CPR 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 CPR 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.

16. Best Management Practices: Turbidity controls measures may be required, and the work must be conducted 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.

17. Navigation:
a. A structure authorized under this general permit must not interfere with general navigation. Structures constructed within canals must not extend more than 25% of the waterway width.
b. 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 regulation or otherwise, must be installed and maintained at the Permittee’s expense on authorized facilities in navigable waters of the United States.
c. For projects authorized under the SAJ-33 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.
d. For projects proposed adjacent to Federally-maintained channels, no structure, including mooring piles, authorized under this regional general permit shall be within the established setback. Exact locations of the proposed structures relative to the channel may need to be verified by use of the Florida State Plane (x, y) Coordinate System, calculated from the near-bottom edge of the Federal channel. Any activity within Federal rights-of-way may require the Permittee to enter into a consent-to easement with the Real Estate Division, U.S. Army Corps of Engineers, Jacksonville or Mobile District, as appropriate, prior to the commencement of any construction activity.

18. The materials used for construction must consist of suitable material and be free of toxic pollutants in other than trace quantities.

19. Other Agency Approvals: Prior to the initiation of any construction, projects qualifying for this regional general permit must qualify for an exemption under Section 403.813(2)(b), F.S., or be authorized under Part IV of Chapter 373 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 a Coastal Zone Consistency Concurrence (CZCC) or waiver, as well as any authorizations required for the use of sovereignty submerged lands that must be obtained as part of the associated CZCC.

20. 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 the structure.

21. Any proposed regulatory action that modifies, alters, or is built upon or adjacent to an existing federal project or is constructed within a federal project right-of-way may require permission under Section 408. Any structure within 62.5 feet of a federal navigation project (with the exception of single-family docking structures) shall require coordination under Section 408. Any degradation, relocation, penetration, or work under a Corps levee, dike, dam, or water retaining structure and any proposed work within 15 feet of the toe of a Corps levee, 15 feet of a federal canal top of bank, or within 50 feet of a Corps dam requires coordination under Section 408. All structures within the design edges of a federal project, all structures that do not meet the requirements of the Setback Guidance, and all structures within 15 feet of a federal canal top of bank (such as the Okeechobee Waterway or the Central and South Florida Flood Control Canals) require a project-specific Section 408 approval. Although generally structures along those Federal channels identified in the Setback Guidance will not require project-specific approval under Section 408 provided the structures complies with the Setback Guidance, all structures within 62.5 feet of a federal navigation project with the exception of single-family docking structures require coordination with EN under Section 408. All structures closer than two feet from the top edge slope of a federal navigation channel will require coordination with The Engineering Division (EN).

22. 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.

23. SAJ-33 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-33 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-33 will remain in effect provided the activity is completed within 12 months of the date the SAJ-33 expired or was revoked.

24. The District Engineer reserves the right to require that any request for authorization under this general permit be processed as an Individual Permit.

25. The General Conditions attached hereto are made a part of this permit.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:



Jason A. Kirk
Colonel, U.S. Army
District Commander


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. 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 Sea turtles (various species), Smalltooth sawfish (Pristis pectinata), or Gulf sturgeon (Acipenser oxyrhynchus desotoi), or these species designated critical habitat. 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.

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.

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.

IMPACT ON CULTURAL RESOURCES: The Corps has determined, pursuant to Section 106 of the National Historic Preservation Act, that the reissuance of SAJ- 33 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- 33 will have to comply with the standard special condition relating to the protection of historic properties (See Special Condition #6 in the draft provided above). Second, the Corps will utilize the April 2010, or the most recent version available, Jacksonville District Regulatory Section 106 of the National Historic Preservation Act Key to verify that each individual project has no potential to cause effect to any historic resource.

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- 33 until the Corps solicits comments from the State Historic Preservation Officer.

RESPONSE: Comments regarding this proposed reissuance of General Permit SAJ- 33 should be submitted in writing to Brad Carey at the above address or via email at brad.j.carey@usace.army.mil within 30 days from the date of this notice. If no adverse comments are received, the permit will be reissued without further notice.