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 Programmatic General Permit (PGP). A draft of the proposed general permit conditions is provided, below.
BACKGROUND: On March 15, 2015, the Corps reissued the above referenced general permit for minor activities located within Big Cypress Seminole Indian Reservation (BCSIR). During the time period March 15, 2015 through March 15, 2020, the SAJ-83 has been utilized a total of 43 times.
AUTHORITY: Pursuant to Section 404 of the Clean Water Act (U.S.C. 1344), the Corps proposes to re-issue PGP SAJ-83 for minor activities located within BCSIR, in accordance with the following Special Conditions.
SPECIAL CONDITIONS:
1. This permit is limited to filling waters of the United States for the following minor activities: single family home sites, utility lines, recreational facilities, boating, agricultural use, commercial use, government facilities, water control activities, ditch maintenance, and road construction. Acreage thresholds and conditions for use are contained in Attachment 1.
2. Specific use is limited to the areas shown in Attachments 2 and 3, located within the BCSIR.
3. This PGP authorizes minor activities involving the permanent placement of fill material in up to 50 acres of federally jurisdictional wetlands and waters per year, not to exceed a total of 100 acres of jurisdictional wetlands at the BCSIR over a five–year period, beginning on the effective date of this PGP.
4. Compensatory Mitigation: Mitigation requirements will be satisfied by functional capacity credit generated under the Advanced Mitigation Program, previously authorized by Nationwide Permit 27 (SAJ-2004-03931(NW-JSC)). No additional compensatory mitigation credit, to also include Panther Habitat Units, will be added to the Big Cypress Reservation Programmatic General Permit (SAJ-83) Ledger without prior approval by the Corps.
5. Pre-construction Notification: Before any activities may be conducted pursuant to this authorization, the applicant must submit a pre-construction notification to the Seminole Tribe of Florida (Tribe). The Tribe will adhere to the review procedures outlined in the Coordination Agreement. The Tribe will forward a copy of all PCN’s to the Corps, with the Tribe’s determination of compliance with this authorization, as a part of the quarterly reporting requirements prescribed by the associated Coordination Agreement. All PCN submittals shall include the following information, at a minimum:
a. ENG FORM 4345 (signed by an authorized representative of the Tribe).
b. Maps will identify federally jurisdictional wetlands and waters consistent with the 1987 Corps of Engineers Wetland Delineation Manual, as modified by the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0, November 2010, or most recent version). A minimum of two sets of data sheets per wetland shall be submitted. The total number of data sheets will vary with each site, depending on the number of wetlands.
c. Provide a clear description (including maps) of the proposed work and wetland impact areas; analysis of impacts to Federally listed wildlife species; Wetland Rapid Assessment Procedure analysis of direct and secondary wetland impacts; and an updated version of the Big Cypress Reservation Programmatic General Permit (SAJ-83) Ledger.
6. Erosion Control: Prior to the initiation of any work authorized by this PGP, the permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas adjacent to wetlands shall be stabilized using sod, degradable mats, or a combination of similar stabilizing materials to prevent erosion. For dredging activities, all dredged or excavated materials will be deposited and retained in an area that is not a water of the United States unless specifically approved by the Corps under a separate authorization and proper siltation controls must be used. The erosion and siltation control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized.
7. Cultural Resources/Historic Properties: If cultural resources, as defined by the Seminole Tribe of Florida’s Cultural Resource Ordinance (Ordinance # C-02-14; which includes but is not limited to places and items of special cultural importance, historic properties, archaeological sites/materials, and burial resources) are encountered, then the Applicant shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the THPO within the same business day (8 hours). After such notification, work authorized by this PGP may not resume without written authorization from the THPO. The Corps may (based on the circumstances of the discovery, equity to all parties, and considerations of the public interest) modify, suspend or revoke authorization under this PGP for Applicant’s failure to obtain such written authorization from THPO and/or appropriately notifying THPO of any inadvertent discoveries.
8. Biological Opinion: This Corps permit does not authorize the Tribe to take an endangered species, in particular the Florida panther (Puma concolor coryi). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with “incidental take” provisions with which you must comply). The Tribe’s Programmatic Biological Opinion, dated December 19, 2014 and subsequent modifications, for the Wildlife Conservation Plan (WCP), Fire Management Plan, and Forest Management Plan (Service CPA Code: 2013-CPA-0222) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” that is also specified in the BO. Your authorization under this PGP is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your PGP. The Service is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.
a. The Tribe shall monitor the number of SAJ-83 verifications and provide quarterly reports to the Corps and Service regarding the number of permits issued under this PGP. The Tribe shall provide information on Corps project number, permit date, total project acreage, project wetland acreage, latitude and longitude in decimal degrees, and PHU values per project, per year, and the PGP impact and mitigation totals (wetland and PHUs) be sent to the Service annually. This information may be incorporated into the AMP credit/debit ledger and the annual compensatory mitigation report. Wetland impact PHUs shall not exceed the amount of PHUs available on the ledger.
b. Upon locating a dead, injured, or sick threatened or endangered species, initial notification must be made to the nearest Service Law Enforcement Office; Fish and Wildlife Service; 9549 Koger Boulevard, Suite 111; St. Petersburg, Florida 33702; 727-570-5398. Secondary notification should be made to the FWC; South Region; 3900 Drane Field Road; Lakeland, Florida; 33811-1299; 1-800-282-8002.
c. Care should be taken in handling sick or injured specimens to ensure effective treatment and care or in the handling of dead specimens to preserve biological material in the best possible state for later analysis as to the cause of death. In conjunction with the care of sick or injured panthers or preservation of biological materials from a dead animal, the finder has the responsibility to carry out instructions provided by Law Enforcement to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.
9. Water Quality Certification: The Tribe issued 401 Water Quality Certification, dated May 5, 2020, for this PGP.
10. Fill Material: The Tribe shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act.
11. Self-Certification: Within 60 days of completion of the authorized work, and any mitigation required, a Self-Certification Statement of Compliance must be completed and submitted to the Tribe. The form must reference the site-specific Department of the Army permit number associated with the work.
12. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
The Permittee shall reference this permit number, SAJ-2004-03931, on all submittals.
13. Activities Affecting Structures or Works Built by the United States. Activities included in this PGP may also require permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a ‘‘USACE project’’). An activity that requires section 408 permission is not authorized by this RGP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written PGP verification. The terms and conditions of the Section 408 approval will be incorporated into the verification letter.
14. This PGP shall be valid for a period of five years from the date of issuance, unless suspended or revoked by issuance of a public notice by the District Engineer. A review will be conducted to determine if continuance of the permit is in the public interest after the 5-year expiration date. If this permit 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 this permit will remain in effect provided the activity is completed within 12 months of the date this permit expired or was revoked.
AGENCY COORDINATION: This proposed PGP 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 Programmatic General Permit SAJ-83 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.