PUBLIC NOTICE
PROGRAMMATIC GENERAL PERMIT SAJ-42
Permit Application Number SAJ-2011-00964
PROPOSAL: To simplify and speed processing of Department of the Army permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to issue Programmatic General Permit SAJ-42, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344), by granting general authority to Miami-Dade County Department of Regulatory and Economic Resources (RER) to administer this general permit for shoreline stabilization, maintenance dredging in upland-cut artificial residential canals, subaqueous utility and transmission lines, stormwater outfalls, minor structures, piers/docks and appurtenances, floating vessel platforms, and scientific measuring devices, located in waters of the United States, excluding Federally maintained navigation channels and flood control projects in Miami-Dade County, Florida.
BACKGROUND: 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 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. General permits are reviewed every five years. An assessment of the cumulative impacts of work authorized under the general permit is performed at that time if it is in the public interest to do so. In most instances, anyone complying with the conditions of the general permit can receive project specific authorization. Anyone not complying with the conditions of a general permit may still receive authorization via a “standard permit”, but the application must be individually evaluated and coordinated with third parties, including the federal and state resource agencies. Review of an application for a “standard permit” takes additional time to complete as conflict resolution may be required.
A draft of the proposed general permit as proposed for issuance follows:
DEPARTMENT OF THE ARMY PERMIT
PROGRAMMATIC GENERAL PERMIT SAJ-42
SAJ-2011-00964
PROGRAMMATIC GENERAL PERMIT SAJ-42
A) SHORELINE STABILIZATION; B) MAINTENANCE DREDGING IN UPLAND-CUT ARTIFICIAL RESIDENTIAL CANALS; C) SUBAQUEOUS UTILITY AND TRANSMISSION LINES; D) STORMWATER OUTFALLS; E) MINOR STRUCTURES; F) PIERS/DOCKS AND APPURTENANCES; G) FLOATING VESSEL PLATFORMS; AND H) SCIENTIFIC MEASURING DEVICES, LOCATED IN WATERS OF THE UNITED STATES EXCLUDING FEDERALLY MAINTAINED NAVIGATION CHANNELS AND FLOOD CONTROL PROJECTS IN MIAMI-DADE 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) and Section 404 of the Clean Water Act (33 U.S.C. 1344), general authority is given to Miami-Dade County Department of Regulatory and Economic Resources (RER) to administer this general permit for shoreline stabilization, maintenance dredging in upland-cut artificial residential canals, subaqueous utility and transmission lines, stormwater outfalls, minor structures, piers/docks and appurtenances, floating vessel platforms, and scientific measuring devices, located in waters of the United States, excluding Federally maintained navigation channels and flood control projects in Miami-Dade County, Florida, subject to the following conditions:
A. SPECIAL CONDITIONS FOR SHORELINE STABILIZATION:
1. The work herein includes the installation of seawalls/bulkheads with necessary backfill in existing canals, east of the salinity control structures in Miami-Dade County.
2. The work herein includes the repair of seawalls/bulkheads with necessary backfill within 1.5 ft (18”) of the existing bulkhead; the installation or repair of seawall caps and/or batter piles; the installation or repair of riprap in front of existing seawalls; and the installation or repair of unconsolidated riprap revetments.
3. New shoreline stabilization: New shoreline stabilization projects cannot exceed 500 ft in length. New seawalls and footers cannot extend any further waterward than 1.5 ft (18 in) from MHW, unless necessary to align a new seawall with 1 or more adjacent seawalls.
4. Repair or replacement of existing vertical seawalls: The repair, and replacement of seawalls and footers cannot extend any further waterward than 1.5 ft (18 in) from the wet face of the existing seawall or MHW, unless necessary to align with 1 or more adjacent seawalls. The repair or replacement of an existing seawall and/or seawall cap is not restricted to 500 ft in length.
5. The work herein authorized will be for shoreline stabilization materials, which may consist of riprap, articulating blocks or mats, and sand cement, geotextile/ filter fabric.
6. The backfill must be from upland sources and consist of suitable material, free from toxic pollutants in other than trace quantities.
7. At no time should this general permit be construed to allow filling of, or construction in mangroves or other wetlands, seagrass, hard bottom/live bottom communities, or any other special aquatic sites for any purpose, including additional development.
8. In addition to the seven Special Conditions listed above, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below.
These Special Conditions are applicable to all structures and/or work authorized under this general permit.
B. SPECIAL CONDITIONS FOR MAINTENANCE DREDGING:
1. The work authorized herein is limited to coastal waters in Miami-Dade County, Florida.
2. This general permit only authorizes maintenance dredging of existing areas, such as canals, channels, basins, berths, marinas, boat slips, and areas around intake and discharge structures. Maintenance dredging will be limited to the depth and width previously authorized by the U.S. Army Corps of Engineers (USACE) or other regulatory authority such as FDEP or water management districts. There is no size limit for maintenance dredging so long as it meets the previously authorized depth and width. If the previous authorized depth is unknown, dredging is limited to -7.0 ft MLW including any advanced maintenance or overdredge.
3. 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 or interfering with natural drainage.
4. No discharge of dredged or fill material into waters of the United States is authorized by this general permit under this section.
5. Excavation of wetlands or areas containing submerged aquatic vegetation is not authorized by this general permit. For the purpose of this general permit, the Corps considers submerged aquatic vegetation to be vascular plants such as seagrasses, not macroalgae.
6. This permit does not authorize the removal of plugs or the connection of any canal to waters of the United States.
7. In addition to the seven Special Conditions listed above which are only applicable to maintenance dredging of existing upland-cut residential canals, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit.
C. SPECIAL CONDITIONS FOR SUBAQUEOUS UTILITY AND TRANSMISSION LINES:
1. The work herein authorized includes the installation and maintenance of subaqueous utility and transmission lines laid on, embedded in, or horizontally direction drilled beneath the bottom of navigable waters of the United States in Miami-Dade County, excluding deep-draft, federally maintained channels.
2. All utility and/or transmission lines, cables, conduits, pipes, etc., authorized by this general permit must be installed a minimum of 14 feet below the authorized depth of any shallow-draft Federal Channel it crosses. The 14-foot criterion applies to the entire authorized width of the channel, plus a minimum of 25 feet outside the channel edges to allow for maintenance of the side slopes. Crossings of Federally maintained deep-draft channels are not authorized under this general permit.
3. No utility and/or transmission lines will be embedded in the bottom of State Class I or Class II waters, aquatic preserves, or in areas of seagrass beds and/or hard bottom/live bottom communities.
4. Dredged or fill material placed as backfill or bedding for subaqueous utility and transmission lines must not change the preconstruction bottom contours. Excess material must be removed to a self-contained upland area that will prevent spoil material and/or return water from reentering any water of the United States or interfering with natural drainage.
5. The permittee will install signs at the shoreline to notify navigational interests of the location of subaqueous utility and transmission lines.
6. Where the proposed transmission line is to be installed in navigable waters of the United States, at least two weeks prior to the start of the authorized work, the permittee must notify the National Oceanic Atmospheric Administration (NOAA) and the Corps’ office in 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. The notification sent upon completion of the work will include “as-built plans,” signed and sealed 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 mean high water of the navigable waterway.
7. 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 general permit.
8. In addition to the seven Special Conditions listed above which are only applicable to the installation and maintenance of subaqueous utility and transmission lines, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit.
D. SPECIAL CONDITIONS FOR STORM WATER OUTFALLS:
1. Structures authorized under this general permit are storm water outfalls and associated appurtenances.
2. Authorization is contingent upon the issuance of any 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 existing storm water outfalls. 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. Where no previous permit has been issued by the Corps or by RER on behalf of the Corps for construction or maintenance dredging of the existing storm water outfall, such maintenance dredging shall be limited to a depth of no more than 5 feet below mean low water and with construction contained to within 5 feet of the existing structure.
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 or interfering with natural drainage.
5. In addition to the four Special Conditions listed above which are only applicable to the construction and maintenance of stormwater outfalls, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit.
E. SPECIAL CONDITIONS FOR MINOR STRUCTURES:
1. The work herein authorized will be for minor structures to include:
a. Mooring pilings.
b. Small mooring dolphins (limited to a cluster of four or fewer pilings).
c. Non-commercial information signage.
d. Boat lifts and their appurtenant catwalks, hoists, davits.
e. Other minor structures that would have less environmental impact than a small dock.
2. No work shall be authorized by this general permit within the boundaries of any national or state park.
3. In addition to the two Special Conditions listed above which are only applicable to the construction of minor structures, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit.
F. SPECIAL CONDITIONS FOR PIERS/DOCKS AND APPURTENANCES:
1. Structures authorized under this general permit include the repair and replacement or installation of private single-family piers (including docks, marginal docks, fishing piers, and other similar structures with similar purpose) not to exceed 2 new slips, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This would include normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of these structures.
2. Repair or rehabilitation of currently serviceable multi-slip watercraft access structures may be authorized under this general permit provided all of the following are met: 1) the project is not located in an Important Manatee Area, 2) the number of slips is not increased; 3) the number of existing slips is not in question; 4) the improvements to the existing watercraft access structures do not result in increased watercraft usage. (see Manatee Key and see http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx for more details).
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. Structures (including any mooring areas) constructed on principally residential canals must not extend waterward more than 25 percent of waterway width. 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.
6. In addition to the five Special Conditions listed above which are only applicable to the construction of single-family piers, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit.
G. SPECIAL CONDITIONS FOR FLOATING VESSEL PLATFORMS:
1. The work herein authorized will be for floating vessel platforms (FVPs) to include the construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts within an existing, authorized slip.
2. FVPs must float at all times in the water for the sole purpose of supporting a vessel so that the vessel is out of the water when not in use. FVPs must not be used for mooring vessels that remain in the water when not in use.
3. FVPs within a single parcel must not exceed a total area of 200 square feet whether associated with a dock or attached to a bulkhead on a parcel of land where there is no other docking structure.
4. This general permit does not authorize the placement of floating vessel platforms or construction in mangroves or other wetlands, seagrass habitat or hard bottom/live bottom communities, or any other special aquatic sites for any purpose.
5. In addition to the four Special Conditions listed above which are only applicable to FVPs, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit.
H. SCIENTIFIC MEASURING DEVICES
1. The work herein authorized will be for installation, repair, and removal of scientific survey devices, including any related equipment and anchors, for up to 24 months if those devices are intended to measure and/or record scientific data in tidal waters, such as staff gages, weirs, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, vibracore samplings, and similar structures.
2. The scientific survey device, including any related equipment and anchors, shall not block access of species to an area. For example, the structures shall not prevent movement in or out of a river or channel.
3. No later than 24 months after initial installation or upon completion of data acquisition, whichever comes first, the measuring device and any other structure or fills associated with that device (e.g., anchors, buoys, lines) must be removed and the site must be restored to pre-construction conditions.
4. The scientific survey device, including any related equipment and anchors, shall be inspected and any required maintenance performed at least twice a year and following storm events that may have moved or dislodged the structure to ensure that equipment and anchors are still in place and have not moved to areas containing ESA-listed corals.
5. In addition to the four Special Conditions listed above which are only applicable to scientific measuring devices, the permittee must abide by all of the Special Conditions which are listed in paragraph ‘I’ below. These Special Conditions are applicable to all structures and/or work authorized under this general permit
I. SPECIAL CONDITIONS FOR ALL WORKS:
1. No work shall be performed until the applicant submits satisfactory plans for the proposed activity and receives written authorization from Miami-Dade County.
2. A residential canal is defined as a manmade waterway surrounded on both sides by uplands. Federally maintained navigation and/or flood control projects are not considered to be residential canals and SAJ-42 is not authorized for use within them.
3. Wetlands are those areas that are periodically inundated or 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. Wetlands generally include swamps, marshes, mangrove areas, bogs, and similar areas.
4. No structures or work shall be authorized by this general permit in areas designated as American Crocodile critical habitat or in Biscayne Bay National Park Protection Zone, or in Federal Manatee Sanctuaries, refuges, motorboat prohibited zones, or no entry zones.
5. No activity shall be authorized under this general permit which by its size or location may adversely affect water quality, fish and wildlife habitat, Acropora spp. or other hard bottom/live bottom communities, mangroves or other wetlands, emergent vegetation, 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.
6. 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.
7. Cultural Resources/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.
8. Conformance with descriptions and quantities contained herein does not necessarily guarantee authorization under this general permit.
9. The District Engineer reserves the right to require that any request for authorization under this general permit be evaluated as a Standard Permit.
10. Prior to issuance 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, 2011” (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) will be used to determine potential manatee impacts. Projects evaluated under the manatee key with a "may affect" or a “may affect, not likely to adversely affect,” requiring additional correspondence with the U.S. Fish and Wildlife Service to the manatee must be coordinated with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act and are not authorized under this general permit. 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.
11. The permittee shall comply with the Standard Manatee Construction conditions (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx).
12. No structure or work may be inconsistent with the Miami-Dade County Manatee Protection Plan.
13. The permittee shall comply with the Sea Turtle and Smalltooth Sawfish Construction Conditions (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx).
14. 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.
15. No structure or work that is in Federal manatee sanctuaries, refuges, motorboat prohibited zones, or “no entry zones” shall be authorized by SAJ-42. Applications for work in these areas will be forwarded to the Corps for processing.
16. In the event of a conflict between this general permit and the JaxBO, the more restrictive conditions prevails.
17. 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 RGP that qualify for an exemption under s. 403.813(1) or 373.406, F.S., or the rules of the Florida Administrative Code (F.A.C.) adopted under Part IV of Chapter 373, F.S. The Corps under 33 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 of the F.A.C. adopted thereunder. The Corps shall not be precluded from acting on a request to use this RGP before the applicable SSL authorization is granted.
18. For projects proposed adjacent to Federally maintained channels, no structure, including mooring piles, authorized under this general permit shall be within the established setback as depicted in the November 9, 2017, Setback Guidance for Structures along Certain Federal Channels. Note: The setback guidance 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.
19. Any structure authorized under this general permit must not interfere with general navigation.
20. For projects authorized under the SAJ-42 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. A structure authorized under this regional general permit must not interfere with general navigation.
21. Turbidity control measures will be used to control water quality and the work must be in accordance with State Water Quality Standards in Chapter 62.302, and sections 62-4.242 and 62-4.244 in the Florida Administrative Code. 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 (DEP) may require the applicant to submit a daily turbidity report which may be verified by state or local government inspectors.
22. No activity shall be authorized under this general permit which by its size or location may adversely affect water quality, fish and wildlife habitat, wetlands, or emergent or submerged aquatic vegetation. Adverse impacts to aquatic vegetation from minor structures may be ameliorated by strict adherence to the attached joint National Marine Fisheries Service’s U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion (JaxBO) (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx ) Unless otherwise specifically approved by the National Marine Fisheries Service, minor structures authorized under the SAJ-42 must comply with the above. Note: The JaxBO 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.
23. This regional general permit will be valid for a period of five years from the date specified above unless suspended or revoked by the District Engineer prior to that date. If SAJ-42 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-42 will remain in effect provided the activity is completed within 12 months of the date SAJ-42 expired or was revoked.
24. 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
Colonel, Corps of Engineers
Commanding