TO WHOM IT MAY CONCERN:
To simplify and speed processing of Department of the Army permits for minor, substantially similar activities, the Jacksonville District, U.S. Army Corps of Engineers (Corps) proposes to reissue the Programmatic General Permit (PGP) SAJ-96. The reissued SAJ-96 would authorize minor activities in navigable waters of the United States (U.S.) in Pinellas County, Florida.
The current PGP will expire on April 29, 2025. The proposed reissuance adds the following activities: construction of living shorelines and oyster reefs, and repair and replacement of existing boat ramps. The following activities have been removed from the proposed reissuance: new seawall construction. The proposed reissuance also updates and reorganizes the terms and conditions. The draft SAJ-96 is included at the end of this Public Notice.
Minor activities that would be covered under the SAJ-96 include the following, pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344) and/or Section 10 of the Rivers and Harbors Act (33 U.S.C. § 403):
1. Single-family residential dock facilities, designed to accommodate not more than four (4) motorized vessel slips, provided any slips in excess of two (2) are limited to personal watercraft (which includes any seawall mounted personal watercraft lifts and davits). This includes normal appurtenances such as boat hoists, boat shelters with open sides, floating docks, stairways, walkways, lower landings, mooring pilings and dolphins. This also includes maintenance, reconfiguration and removal activities.
2. Minor structures and modifications within existing, previously authorized multi-family residential and commercial dock facilities. This includes normal appurtenances such as boat hoists, boat shelters with open sides, floating docks, stairways, walkways, mooring pilings, dolphins, and maintenance and removal of same. This also includes maintenance, reconfiguration and removal activities, so long as the activities do not result in dredging, additional slips, dock spaces, or expansion of any kind.
3. Shoreline stabilization activities, including the construction of new rip rap revetments, and repair or replacement of seawalls, bulkheads, backfill, rip rap revetments and seawall footers for single-family residential properties.
4. Construction of living shorelines and oyster reefs in unvegetated, nearshore waters along shorelines.
5. Maintenance dredging of existing slips at single-family docks to restore adequate depth for vessel movement.
6. Repair and replacement of existing boat ramps.
Activities would occur within navigable waters of the U.S. in Pinellas County, not including geographic exclusion areas listed in the permit or areas otherwise excluded by the terms and conditions of the permit.
BACKGROUND:
Pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), PGP SAJ-96 was issued on July 13, 2007 and reissued on July 17, 2014 and. The current version of SAJ-96 was reissued on April 29, 2020 and is due to expire on April 29, 2025. This PGP provides general authority to Pinellas County Water and Navigation to issue federal authorization on behalf of the Corps for private single-family docks and appurtenances, shoreline stabilization, minor structures at existing facilities, and maintenance dredging at single-family docks within Pinellas County, Florida. The most recent version of SAJ-96 has been verified 5,376 times by Pinellas County between June 2020 and December 2024.
The Corps anticipates continued utilization of the SAJ-96 to address future requests for minor work within the authorized geographic area. This PGP improves efficiencies for the review and verification of minor activities, thus improving service to the regulated public. This PGP will be coordinated with Federal and State resource agencies to address federal laws such as the National Historic Preservation Act and the Fish and Wildlife Coordination Act.
The term “Programmatic General Permit” means a Department of the Army authorization that is issued on a 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 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 (5) years. After five (5) years, general permits may be reissued, suspended, or revoked.
An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via an individual 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 an individual permit takes additional time to complete as conflict resolution may be required.
The implementation of SAJ-96 simplifies and expedites the permit process for the authorized activities. This PGP will avoid unnecessary duplication and eliminate the need for separate approval from the Corps for minor work located in navigable waters of the United States in Pinellas County when that work is authorized by Pinellas County Water and Navigation. The reduction in duplication will ensure timely approvals can be granted to projects that singularly and cumulatively have minor impact on the environment. County applicants will apply for a Water and Navigation permit utilizing the Pinellas County Access Portal (https://aca-prod.accela.com/pinellas/Default.aspx). Applications will be reviewed for impacts to aquatic resources, endangered species, navigation, archaeological or historic sites, as well as construction requirements and consistency with the Pinellas County Water and Navigation Code (https://library.municode.com/fl/pinellas_county/codes/code_of_ordinances?nodeId=PTIIPICOCO_CH58EN_ARTXVWANARE).
AVOIDANCE AND MINIMIZATION INFORMATION:
The SAJ-96 would authorize activities that are minor and commonplace. The proposed terms and conditions of the SAJ-96 require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum extent.
COMPENSATORY MITIGATION:
The SAJ-96 would not authorize activities which would result in adverse impacts to
wetlands or any other special aquatic sites. Due to the minor nature of impacts, no
compensatory mitigation will be required for the proposed activities.
CULTURAL RESOURCES:
The Corps has determined that the reissuance of the PGP SAJ-96 has “no effect” on historic properties in compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 C.F.R. Part 325, Appendix C. The Corps will consult directly on this determination with the Florida State Historic Preservation Office (SHPO) and the appropriate federally recognized tribes by separate letter.
No activity shall be authorized under this PGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.
ENDANGERED SPECIES:
For each activity proposed for authorization under the SAJ-96, Pinellas County will confirm whether the activity meets the requirements of the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013 (addendum May 2019). Activities that do not reach a programmatic concurrence from the Manatee Key may not be verified under this PGP.
For each activity proposed for authorization under the SAJ-96, Pinellas County will confirm whether the activity meets the requirements of the Corps of Engineers, Jacksonville District, U. S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida (Wood Stork Key), dated September 2008. Activities that do not reach a programmatic concurrence from the Wood Stork Key may not be verified under this PGP.
For each activity proposed for authorization under the SAJ-96, Pinellas County will confirm whether the activity meets the requirements of the Jacksonville District’s Programmatic Biological Opinion (JAXBO). Activities not meeting the requirements of JAXBO may not be verified under this PGP.
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. Our initial determination is that the reissuance of the SAJ-96 and subsequent activities to be authorized under the SAJ-96 would not have a substantial adverse impact on EFH or Federally managed fisheries in Pinellas County given the proposed General and Special Conditions of the SAJ-96 which limit the use of the SAJ-96 to activities which do not result in direct or indirect substantial adverse impacts to EFH. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
WATER QUALITY CERTIFICATION:
The Corps will request general water quality certification from the Florida Department of Environmental Protection.
COASTAL ZONE MANAGEMENT CONSISTENCY:
The Corps will request general coastal zone consistency concurrence from the Florida Department of Environmental Protection.
IMPACT ON NATURAL RESOURCES:
Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION:
The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
REQUEST FOR PUBLIC HEARING:
Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENTS regarding the potential authorization of the SAJ-96 should be submitted in writing within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments to Rachel S. Somerville at rachel.s.somerville@usace.army.mil.
QUESTIONS concerning this public notice should be directed to Rachel S. Somerville at rachel.s.somerville@usace.army.mil, or by telephone at 904-232-1444.
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