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State of Florida, Puerto Rico, and the U.S. Virgin Islands. Regional Conditions for Nationwide Permits.

Enclosed are Jacksonville District’s Regional Conditions (RCs) for the Nationwide Permits (NWPs) announced by Federal Register notice dated January 6, 2017. The RCs are effective March 19, 2017, the same date as the NWPs. The RCs are applicable throughout the entire Jacksonville District, which includes the State of Florida, the Commonwealth of Puerto Rico, and the Territory of the U.S. Virgin Islands.

The Federal Register notice began the 60-day Clean Water Act Section 401 water quality certification (WQC) and the 90- day Coastal Zone Management Act (CZMA) consistency determination processes.

For the State of Florida, the enclosure indicates whether WQC was issued or not applicable (see annotations in the WQC FL column) and whether CZMA consistency concurrence was received or not applicable (CZM FL column). The RCs associated with the WQC/CZM are marked with a suffix ‘(WQZ/CZM-FL)’ or ‘(WQZ-FL)’.

For the Miccosukee Tribe of Indians of Florida, the enclosure indicates whether WQC was issued or not applicable (WQC MTIF column).

For the Seminole Tribe of Florida, WQC is considered waived because a response was not received by March 7, 2017.

For Puerto Rico, the enclosure indicates whether WQC was issued, denied, or not applicable (WQC PR column).

For Puerto Rico, a response to our request for CZMA consistency concurrence has not been received as of March 15, 2017. Therefore, at this time, the Corps will NOT presume CZMA consistency concurrence at least until April 6, 2017. The applicant must obtain a project-specific Coastal Zone Compliance Certificate (CZCC). This situation could change if a response is received.

For the U.S. Virgin Islands, a response to our request for a Section 401 WQC has not been received as of March 8, 2017. Therefore, at this time, the Corps will consider WQC is denied based on the U.S. Virgin Island Department of Planning and Natural Resources letter dated July 14, 2016. The applicant must provide a project-specific WQC where applicable before we issue our verification.

For the U.S. Virgin Islands, a response to our request for CZMA consistency concurrence has not been received as of March 15, 2017. Therefore, at this time, the Corps will NOT presume CZMA consistency concurrence at least until April 6, 2017. The applicant must provide a project-specific CZCC before we issue our verification. This situation could change if a response is received.

Questions may be sent to Jacksonville District, Regulatory Division, PO Box 4970, Jacksonville, Florida 32232, Attn: Bob Barron; by phone number at 904-232-2203, or by email at robert.b.barron@usace.army.mil.

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

Regional Regional Conditio condition n #2 #2

NA

NA

NA

N A

N A

N A

N NA A

WQC MTIF

N/A

WQC STF

All

CZM VI

All Nationwide Permits

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below. #16 Wild and Scenic Rivers

1 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 1. The USFWS Information for Planning and Conservation (IPaC) online database (https://ecos.fws.gov/ipac/), should be used in order to identify USFWS trust resources (i.e., migratory birds, species proposed or listed under the ESA, inter-jurisdiction fishes, specific marine mammals, and National Wildlife Refuge lands). IPaC can be used to determine potential impacts to USFWS resources. Impacts to USFWS resources protected under the ESA may require consultation. (USFWS) 2. PCN required for any activities that occur within or adjacent to the river segments identified in the National Rivers Inventory: https://www.nps.gov/ncrc/programs/rtca/nri/index.html. In accordance with the Presidential Directive, dated August 2, 1979, activities must be designed and constructed to avoid and mitigate adverse effects to these segments and in some situations require consultation with the National Park Service. (COE) 3. In addition to GC#20 (Historic Properties), in Florida, if a PCN is not required (or not voluntarily submitted), the prospective Permittee (entity who proposes to perform work to be authorized by the NWP) shall contact the Florida Master Site File (FMSF) to conduct an historic properties search. The applicant shall provide the FMSF with the project area and Section/Township/Range information to sitefile@dos.myflorida.com or contact the FMSF office at (850) 245-6440. If the FMSF includes any historic property within 50 meters of the project area that is listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, the prospective Permittee shall submit a PCN to the Corps, including the information exchanged with the FMSF office, for further review and consultation. Submittal of a PCN is not required where the FMSF report for the property (or all properties if more than one) shows the SHPO Evaluation ('SHPO Eval' column) to be "Not Eligible" and also shows the property(ies) is/are not listed or proposed for listing on the National Register of Historic Places ('NR Status' column). However, in accordance with GC#20, a PCN is required if the prospective permittee has knowledge of a historic property that is listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties (SHPO) 4. In addition to GC#21 (Discovery of Previously Unknown Remains and Artifacts), in Florida, if prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface or ground disturbance within a 100 meter diameter of the discovery. The Permittee (the entity performing work authorized by the NWP) shall contact the United State Army Corps of Engineers within the same business day (8 hours). The Corps will contact the Florida Department of State, Division of Historical Resources Compliance Review Section (SHPO) at (850)-245-6333 and the

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

Yes NA

WQC STF

NA

CZM VI

Regional No Conditio n #6, #7, #9, #12

WQC VI

Naviga NA ble

Coordinat ion by Corps with Federal and state agencies required

CZM PR

1. Aids to Navigation (10)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

NA

2 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. In addition, in the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the Permittee shall notify the medical examiner, in accordance with Section 872.05, Florida Statutes, as well as the Corps and SHPO. On federal or tribal lands, or situations where the Archaeological Resources Protection Act of 1979 or Native American Graves Protection Repatriation Act of 1990 applies, the Permittee shall notify the Corps who will notify the SHPO and THPO(s). Once activities have ceased for any of the situations identified in this Regional Condition, they shall not resume without written authorization from the Corps. (SHPO) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZMA) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. In Florida, prior to installation of aids to navigation and other water dependent informational signs, the permittee must have the appropriate authorization required from the U.S. Coast Guard and the Florida Fish and Wildlife Conservation Commission. (CZM-FL) 3. Aids to navigation may not be located on Tribal lands or in Tribal waters without prior written approval from the Seminole Tribe of Florida or the Miccosukee Tribe. (WQC-STF, MTIF) 4. Excluded from all navigable waters within the boundaries of the Florida Keys National Marine Sanctuary, except when the individual project is approved by the Sanctuary. (COE) 5. Excluded within the boundaries of Designated Marine Reserves, Marine Protected Areas 8, or Parks in the Antilles, 4 except when used within those areas by the local or federal agency responsible for the management of those areas. (COE) 6. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work": (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 7. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

Yes NA

WQC STF

NA

CZM VI

Regional No condition s #4, #7, #8, #9, #11

WQC VI

Artifici NA al Canals

Coordinat ion by Corps with Federal and state agencies required

CZM PR

2. Structures in Artificial Canals (10)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

NA

3 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 8. In the Jacksonville District placement of aids to navigation cannot cause adverse impacts to coral assemblages. 5 (COE) 9. PCN required in the Antilles4 in designated critical habitat for Acropora spp. (COE) 10. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid ENG Form 4345. (COE) and the form must indicate it is a NWP PreConstruction Notification. (COE) 11. In the Antilles 4, prior to installation of aids to navigation and other water dependent informational signs, the permittee must have the appropriate authorization required from the U.S. Coast Guard. The buoys shall be installed in accordance with the requirements of the U.S. Coast Guard. Evidence of the U.S. Coast Guard's approval shall be provided to the Corps prior to installation.(COE) 12. PCN required for projects proposed adjacent to Federal projects. 13. In Florida, no structures, including mooring piles, authorized under this Nationwide Permit shall be within the established setback of Federal Channels, calculated from the near design edge of the channel until coordination and concurrence by the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent-to-easement or other real estate instrument 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. (COE) 14. Aids to navigation and related informational signage must comply with the latest guidance on setbacks to the Federal Channel (i.e., Setback Guidance for Structures Along Certain Federal Channels, December 2013)(COE). 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. A structure may not be located on Tribal lands or in Tribal waters without prior written approval from the Seminole Tribe of Florida or the Miccosukee Tribe. (WQC-STF) 3. Structures are limited to private, single-family docks/piers, and/or mooring pilings,

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

4 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. davits and boat lifts on lands owned by the Seminole Tribe of Florida. (WQC-STF) 4. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. In Florida, this NWP is limited to the installation and removal of individual, single family docks/piers and/or mooring pilings, davits, and boat lifts at single-family residences. (COE) 6. All dock or pier construction over submerged aquatic vegetation, 7 marsh, and/or mangroves shall comply with the joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's "Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation, 7 Marsh or Mangrove Habitat - August 2001," and where applicable, the "Key for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's seagrass (Halophila johnsonii) National Marine Fisheries Service/U.S. Army Corps of Engineers - February 2002." (See http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/other_permitting_f actors/DockGuidelines2008_Revised.pdf and/or http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/other_permitting_f actors/dockKey_MOD10202002.pdf) (COE) 7. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work": (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work": (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 8. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 9. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345, and the form must indicate it is a NWP Pre-Construction Notification. (COE). 10. Structures constructed on canals or channels shall not exceed more than 25% of the canal/channel width, excluding dense areas of shoreline vegetation such as mangrove, as measured from the project location to the opposite shoreline (in order to maintain no less than 50% of the open-water portion of the waterbody for public use).

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

When Yes Yes Yes12 required by GC#32(d) (2)

WQC STF

All activities except repair, replace ment or rehab; Regional condition s #3, , #5, #6, #7, #8, #9; #10, #11, #12, GC #22

CZM VI

200 linear ft from struct ure;

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

3. Maintenance All (10/404)

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

5 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. (COE) 11. PCN required in the Antilles areas where listed coral species occur. (NMFS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. In Florida, any structure replaced or repaired in accordance with an emergency order issued by the Governor of Florida or the Secretary of the Department of Environmental Protection is subject to full compliance with the terms of the order. (WQC/CZM-FL) 3. PCN required for projects proposed adjacent to Federal projects. 4. In Florida, no structures, including mooring piles, authorized under this Nationwide Permit shall be within the established setback, calculated from the near design edge of the channel until coordination and concurrence by the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent-to-easement or other real estate instrument 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. (COE) 5. PCN required in the Florida Keys, any activity proposed within submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages 5 anywhere in the Jacksonville District, or any work located in the Coastal Zone of the Antilles 4, including the areas listed in Notes 1 and 2 below. The PCN shall be submitted in accordance with General Condition 31. Requires approval from NOAA Florida Keys National Marine Sanctuary. (COE) 6. PCN required in the Antilles areas where listed coral species occur. (NMFS) 7. PCN required for all work in La Parguera area and Culebra Island, in the Commonwealth of Puerto Rico. Reconstruction of structures within La Parguera will not be allowed under this nationwide permit. (COE) 8. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 9. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 10. PCN required for projects in waters that are accessible to manatees. In Florida, the

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

When Yes Yes Waived required by GC#32(d) (2)

CZM VI

None Regional Conditio ns #6 #7, #8, #9, #10

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

6 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 11. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 12. PCN Required for projects adjacent to Tribal lands, which will require review for impacts to Tribal trust resources prior to use of this NWP when the property on which the project is occurring is adjacent to Tribal lands. 13. For projects in the Antilles, 4 if bottomless culverts or single-span bridges are not feasible, culvert construction must comply with the `Culvert Design and Construction Guidance, Antilles4 ` (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/other_permitting_f actors/2017%20Antilles%20Culvert%20Construction%20Conditions.pdf?ver=2017-01 23-143059-963 ) 14. Projects in the Antilles must meet specific design criteria to address gabions, removal of accumulated sediments around bridges, and use of heavy equipment. 9 (FWS, NMFS) 15. For projects in Florida adjacent to a federal navigation channel, if the previously authorized, serviceable, structure was destroyed by an act of nature or other event, a PCN will be required and the project reviewed pursuant to the setback guidance in effect at the time of the request. It is possible that any authorized reconstruction will not be authorized or rebuilt in the same dimensions or design as the original structure. 16. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. Dredging of sediments is not authorized (except if approved under Condition 1),

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

Regional Conditio ns #5, #6, #7, #8, #9, #10

When Yes Yes Waived required by GC#32(d) (2)

WQC MTIF

25cy for weirs & flume s

WQC STF

All

CZM VI

5. Scientific Measurement Devices (10/404)

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

7 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. except for recreational, commercial, aquaculture broodstock collection, scientific research, education, and exhibition harvesting activities authorized pursuant to Chapter 379, F.S., and/or Title 68, Florida Administrative Code. (WQC/CZM-FL) 3. In Florida, aquaculture projects must be certified pursuant to s. 597.004, F.S., and if applicable, have obtained a submerged land lease pursuant to Chapter 253, F.S. (WQC/CZM-FL) 4. In Florida, and the adjacent EEZ, the placement of any type of surface or subsurface fish aggregating devices (FADs) is prohibited for all but research purposes. (WQC/CZM FL) 5. Placement of materials for Live Rock culture and the harvesting of Live Rock are excluded from this nationwide. (COE) 6. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 7. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 8. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 9. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 10. PCN required in areas with coral assemblages in depths less than 250'. (NMFS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. In Florida, and the adjacent EEZ to Florida, this NWP is excluded from use for any

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

When Yes Yes Waived required by GC#32(d) (2)

CZM VI

None Regional Conditio n #8, #9, #10, #11, #12

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

6. Survey Activities (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

8 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. activity in, anchored or otherwise affixed in, or in close proximity to live/hard-bottom communities 6 or NOAA-designated coral or deepwater coral Habitat Areas of Particular Concern (HAPC). (WQC/CZM-FL) 3. The maximum size of the measurement device and associated structures shall not exceed 1000 sq. feet, and the structure shall be used exclusively for purposes associated with scientific measurement unless authorized by the applicable permit under Condition 1. (WQC/CZM-FL) 4. A structure may not be located on Tribal lands or in Tribal waters without prior written approval from the Seminole Tribe of Florida or the Miccosukee Tribe. (WQC-STF). (WQC-STF) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary. 6. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 7. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 8. PCN required for devices proposed in or near a Federal Channel or a Federally authorized project. 9. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 10. PCN required in the Antilles areas where listed coral species occur. (NMFS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

9 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 2. Seismic exploratory devices are not authorized within the limits of the Everglades as defined in Sections 403.031(13)(a) and (b), F.S., and the Big Cypress and Water Conservation Areas 1, 2A, 2B, 3 and 3A. (WQC/CZM-FL) 3. Activities involving surveying for oil and gas exploration or production shall be performed in accordance with an applicable permit from DEP's Bureau of Mining and Minerals Regulation. (WQC/CZM-FL) 4. No survey may be located on Tribal lands or in Tribal waters without prior written approval from the Seminole Tribe of Florida or the Miccosukee Tribe. The use of ground penetrating radar or isotope technology are not authorized on Tribal lands or waters without the prior written approval of the Miccosukee Tribe. (WQC-STF) 5. Seismic exploratory activities on Tribal lands or in Tribal waters are not authorized without prior written approval from the respective Tribal entity (i.e., Miccosukee or Seminole Tribe of Florida). (WQC-STF) 6. Survey activities on Tribal lands or in Tribal waters using ground penetrating radar are not authorized without prior written approval from the respective Tribal entity. (i.e., Miccosukee or Seminole Tribe of Florida. (WQC-STF) 7. Survey activities on any Tribal lands or Tribal waters using isotope technology are not authorized. (WQC-STF) 8. PCN required for seismic exploratory activities in WOTUS accessible to Nassau grouper, Gulf sturgeon, shortnose sturgeon, swimming sea turtles, smalltooth sawfish, whales, or any Federally listed species protected under the ESA, Marine Mammal Protection Act, or Magnuson-Stevens Fishery Conservation and Management Act. (COE, NMFS, FWS) 9. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 10. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 11. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

NA

No

NA

WQC MTIF

Naviga None All No ble activities

WQC STF

8. Oil and Gas Structures on the Outer Continental Shelf (10)

CZM VI

None All When Yes Yes Denied activities required by GC#32(d) (2)

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

7. Outfall Structures and Associated Intake Structures (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

NA

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 12. PCN required in areas with coral assemblages in depths less than 250' (NMFS) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Waters 3 (WQC/CZM-FL) and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. In Antilles, this NWP is excluded from use in coral assemblages,5 forested wetlands, salt flats, and/or submerged aquatic or tidal vegetation. (COE) 4. For work in waters accessible to the manatee In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). For work in waters accessible to the manatee in Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 5. For work in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 6. All projects in the Florida Keys must apply through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 7. In the Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 22. Activities 1. For Outer Continental Shelf oil and gas activities that affect Florida, this NWP is not in Designated applicable until the state has made its final CZCC decision. (CZM-FL) Critical 2. In Florida, any construction, alteration, repair, removal or abandonment of any Resource transportation or distribution activities or works located within the waters of Florida 3 Waters associated with oil or gas exploration under this NWP must be authorized, prior to and/or their construction, by the applicable permit under Part IV of Chapter 373, F.S., by the DEP, a adjacent WMD under Section 373.069, F.S., or a local government with delegated authority under

10 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below. wetlands require notification.

9. Structures in Fleeting and Anchorage Areas (10)

Areas None Regional No establi Conditio shed ns #3, by the #4, #5, US #7 Coast Guard

NA

Yes NA

Yes

10. Mooring Buoys (10)

Naviga None Regional No ble Conditio ns #2, #3; #4,

NA

Yes NA

NA

22. Activities in Designated Critical Resource

11 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. Section 373.441, F.S., and receive applicable CZCC or waiver thereto, as well as any authorizations required for the use of state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. (CZM-FL) 3. Projects in the Florida Keys must apply through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. A structure may not be located on Tribal lands or in Tribal waters without prior written approval from the Seminole Tribe of Florida. (WQC-STF) 3. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 4. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 6. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 7. PCN required in areas with coral assemblages in depths less than 250' (NMFS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. §

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Waters 3 and/or their adjacent wetlands require notification.

#5, #6, #7, GC #22

11. Temporary Recreational Structures (10)

Naviga None Regional No ble Conditio n #3, #4, #5, #8

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

NA

Yes NA

NA

12 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN required prior to the start of any activity proposed within submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. 5 (COE) 3. PCN required for all activities in the Antilles. 4 (COE) 4. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 6. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 7. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 8. In Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:"

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 4. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE)

5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

12. Utility Line Activities (10/404)

Non½ tidal acre only, (also exclud es all wetlan ds adjace nt to tidal waters ) Substa tions and all access roads.

1/10 acre; or Section 10; Regional Conditio ns #2, #5, #6, #10, #11, #12, #13, #14

When Yes Yes Yes12 required by GC#32(d) (2).

Yes

6. Excluded within the boundaries of Designated Marine Reserves, Marine Protected Areas 8, or Parks in the Antilles, 4 except when used within those areas by the local or federal agency responsible for the management of those areas. (COE) 7. In Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 8. PCN required for any structure proposed in or over SAV and/or mangroves. 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Critical operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Resource (WQC/CZM-FL) Waters 3 and/or their 2. For water intake projects in Puerto Rico, the permittee must submit a PCN to the adjacent District Engineer prior to commencing the activity, in accordance with General Condition wetlands. 32. The PCN must contain plans and drawings, a description of all WOTUS impacted by the project, amount of water to be withdrawn in MGDs, and minimum in-stream flows in MGDs after water extraction. (COE) 3. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. PCN required prior to the start of any activity proposed within forested wetlands, submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. 5 (COE) 5. PCN required for projects in the following rivers, creeks, and their tributaries:

13 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

All waters Utility lines and founda tions for overhe ad utility line towers , poles, and anchor s.

14 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 6. PCN required for projects in WOTUS accessible to the Florida panther. (COE) 7. Aerial transmission lines must meet the U.S. Army Corps of Engineers clearance criteria as described in 33 C.F.R. § 322.5(i)(1), (2), (3), and (4). (COE) 8. Excluded from use in, under, and over all Federal channels, including federal flood control and navigation channels.(COE) 9. Where the proposed subaqueous utility or transmission line is to be installed in, under, or over, 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. This notification shall include "as-built plans," signed and sealed by a registered surveyor/engineer licensed in the State of Florida, Commonwealth of Puerto Rico, or Territory of U.S. Virgin Islands, as appropriate, 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 water. (COE) 10. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 11. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 12. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 13. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

Project located in a special aquatic site; Regional Conditio ns #2, #3, #6, #7, #8, #9, #10; GC #22

When Yes Yes Yes12 required by GC#32(d) (2);

WQC MTIF

500 ft lengt h; 1cy/ft below OHW M or high tide line

WQC STF

All

CZM VI

13. Bank Stabilization (10/404)

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

15 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 14. PCN required for work in areas designated as critical habitat for coral and sea turtles. (NMFS) 15. In Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 3. PCN required for all activities under this NWP in the Antilles. 4 (COE) 4. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 5. Projects in the Antilles must meet specific design criteria to address gabions, removal of accumulated sediments around bridges, and use of heavy equipment. 9 (FWS, NMFS) 6. In Florida, PCN required for projects proposed adjacent to Federally maintained channels. No structures, including mooring piles, authorized under this Nationwide Permit shall be within the established setback, calculated from the near bottom edge of the channel, until coordination and concurrence with the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent-to-easement or other real estate instrument 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. (COE) 7. For projects adjacent to a federal navigation channel, if the previously authorized, serviceable, structure was destroyed by an act of nature or other event, a PCN will be required and the project reviewed pursuant to the setback guidance in effect at the time of the request. It is possible that any authorized reconstruction will not be authorized or rebuilt in the same dimensions or design as the original structure. 8. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

1/10 acre; or Discharg es into special aquatic sites; Regional Conditio ns #3, #6, #7,

When Yes Yes Yes12 required by GC#32(d) (2)

____ ____ 1/3 acre

WQC MTIF

½ acre

WQC STF

Nontidal waters _____ ____ Tidal Water s

CZM VI

14. Linear Transportation Projects (10/404)

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. County line), and Econfina Creek. (COE) 9. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 10. PCN required for projects in waters accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 11. PCN required for projects in WOTUS accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. The permittee shall utilize the "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf) as appropriate for the proposed activity as appropriate for the proposed activity. (COE) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Waters 3 (WQC/CZM-FL) and/or their 2. In the Antilles, 4 this NWP is excluded from use in forested wetlands, submerged adjacent aquatic vegetation, 7 coral assemblages, 5 and/or tidal wetlands. (COE) wetlands. 3. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345

16 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

#8, #9, #10, #11

17 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. Excluded from use in the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 5. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply up to the 0.5 acre limit within Golden Gate Estates north of Alligator Alley. (COE) 6. PCN required for projects in WOTUS accessible to the Florida panther. This NWP does not authorize impacts which may result in adverse effects to the Florida panther or designated CH unless consultation with USFWS has been concluded with a determination of no jeopardy and/or no adverse modification to critical habitat. (COE) 7. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 8. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 9. PCN required for projects proposed within critical habitat for the smalltooth sawfish (COE) 10. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 11. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 12. For projects in the Antilles, 4 if bottomless culverts or single-span bridges are not feasible, culvert construction must comply with the `Culvert Design and Construction Guidance, Antilles4 (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/other_permitting_f actors/2017%20Antilles%20Culvert%20Construction%20Conditions.pdf?ver=2017-01 23-143059-963 )

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

15. U.S. Coast All Guard Approved Bridges (404)

None Regional No Conditio ns #3, #4; #5, #6, GC #22

Yes Yes Denied

Yes

16. Return Water from Upland Contained Disposal Areas (404)

None Regional No Conditio n #3

Yes Yes Denied

Yes

All

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 22. Activities 1. Activities qualifying for this NWP must receive applicable Water Quality Certification in Designated (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or Critical waiver/exemption from the appropriate delegated authority. WQC may be waived for Resource certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 3 Waters 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by and/or their operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. adjacent (WQC/CZM-FL) wetlands 2. In the Antilles, 4 this NWP is excluded from use in forested wetlands, submerged aquatic vegetation, 7 coral assemblages, 5 and/or tidal wetlands. (COE) require notification. 3. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 5. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 6. PCN required for projects which may affect the Florida bonneted bat. 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Resource (WQC/CZM-FL) Waters 3 and/or their 2. In the Antilles, 4 this NWP is excluded from use in forested wetlands, submerged adjacent aquatic vegetation, 7 tidal vegetation, and/or coral assemblages. 5 (COE) wetlands. 3. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

18 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

Project None w/ FERC exemp tion All Disch 10 cy arge below does OHWM not or high excee tide line; d 25 Any fill in cy special below aquatic MHW site; M or Regional OHW Conditio M; ns #2, 1/10 #5, #6, acre #7, #8; #9, #10, #12,GC #22

WQC VI

total All gener activities ating . capac ity< 5000 KW

Coordinat ion by Corps with Federal and state agencies required

CZM PR

18. Minor Discharges (10/404)

PCN Threshol d and/or Require ments:

WQC PR

17. Hydropower existin Projects (404) g reserv oirs, project license d by FERC

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

When Yes Yes Denied required by GC#32(d) (2)

Yes

When Yes Yes Yes12 required by GC#32(d) (2)

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification 22. Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Critical Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. 3 (WQC/CZM-FL) Waters and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

19 See End of Document for List of Acronyms and Definitions

1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. In the Antilles 4 PCN required for all activities proposed in the areas listed below in Notes 1 and 2. (COE) 3. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. In the Antilles, this NWP is excluded from use in forested wetlands, submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. 5 (COE) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. Requires approval from NOAA Florida Keys National Marine Sanctuary. (COE) 6. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 7. PCN required for projects in WOTUS accessible to the Florida panther. (COE) 8. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

Yes Yes Yes12

CZM VI

Regional No Conditio ns #2, #3, #5, #6, #7, #8, #10; GC #22

WQC VI

Naviga 25 cy ble below OHW M/ MHW

Coordinat ion by Corps with Federal and state agencies required

CZM PR

19. Minor Dredging (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

20 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 9. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 10. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 11. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP. 12. PCN required for projects adjacent to Tribal lands, which require review for impacts to Tribal trust resources prior to use of this NWP when the property on which the project is occurring is adjacent to Tribal lands. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 4. In the Antilles, 4 this NWP is excluded from use in forested wetlands, submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. (COE) 5. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 6. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

None All When NAJ activities required by GC#32(d) (2); if more than 300 linear feet of intermitte nt or ephemer al stream bed will be impacted

NAJ

NAJ

WQC MTIF

All

Yes Yes Waived

WQC STF

21. Surface Coal Mining Operations (10/404)

No

CZM VI

None None

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

20. Oil Spill Cleanup (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

NAJ

22. Discharges not authorized in Designated Critical Resource Waters 3 and/or their adjacent wetlands.

21 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 7. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 8. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 9. Hopper dredging is not allowed under this NWP. (COE) 10. In Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 1. Activities authorized under this NWP shall be conducted in conformance with the National Response Team Integrated Contingency Plan Guidance, available at 1-800 424-9346 and in conformance with any applicable emergency order for oil spill or hazardous waste control, clean-up, and recovery/restoration issued by the DEP. (WQC/CZM-FL, NMFS) NONE. COAL MINING DOES NOT OCCUR IN THE JACKSONVILLE DISTRICT

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

23. Approved Categorical Exclusions (10/404)

All

None Those stipulate d by the CatExs themselv es; GC #22,

If Yes Yes Yes12 stipulated by the CatExs themselv es;

Yes

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent

WQC MTIF Yes

WQC STF

When Yes Yes Yes12 required by GC#32(d) (2)

CZM VI

None Vessels listed/ or eligible for NRHP; activity in special aquatic sites; regional condition #2, #4, #5, #6; #7, GC #22

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

22. Removal of Vessels (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN required prior to use in forested wetlands, submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. 5 (COE) 3. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 5. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 6. PCN required if the activity is proposed within designated critical habitat for any federally listed species.(COE) 7. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 8. In Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Regional General Conditio ns #3, #4, #5, #6

24. Indian Tribe All or State Administered Section 404 Programs (10) 25. Structural All Discharges (404)

None None

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below. wetlands require notification.

No

None Regional No Conditio n #2; #3, #4, #5, GC #22

NAJ

NAJ

NAJ

Yes Yes Denied

NAJ

Yes

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

23 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3 PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 4. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 6. PCN required in areas with coral assemblages in depths less than 250' (NMFS) NONE. NO TRIBAL OR STATE ASSUMPTION HAS OCCURRED YET IN THE JACKSONVILLE DISTRICT.

1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ).

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

For thin layer placemen t projects.

CZM VI

When Yes Yes Yes 12 required by GC#32(d) (2)

WQC VI

None All activities except those undertak en with FWS, NRCS, FSA, NMFS, NOS, or OSM in accorda nce with the notificati on requirem ent; GC #22. Regional Conditio ns #4, #5, #7, #8, #9

Coordinat ion by Corps with Federal and state agencies required

CZM PR

All

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

26. [Reserved] 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities (10/404)

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 4. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG FORM 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. Lake restoration projects proposing any type of in-lake disposal of dredged or fill material are excluded from use of this permit. (COE) 4. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG FORM 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 6. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP. 7. PCN required for projects adjacent to Tribal lands which require review for impacts to Tribal trust resources prior to use of this NWP when the property on which the project is occurring is adjacent to Tribal lands. 8. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:"

24 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

Yes NA

WQC STF

NA

CZM VI

28. Naviga None Regional No Modifications of ble Conditio Existing Marinas ns #3, (10) #4, #5; #6, GC #22

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

NA

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

25 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 9. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 4. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 5. PCN is required prior to the start of any activity proposed within submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. (COE) 6. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

impacts to WOTUS greater than 0.25 acre in the FL Keys

WQC STF

When Yes Yes Denied required by GC#32(d) (2)

CZM VI

1/2 All acre; activities 300 . linear feet of strea m bed

WQC VI

Non tidal, excludi ng all wetlan ds adjace nt to tidal waters

Coordinat ion by Corps with Federal and state agencies required

CZM PR

29. Residential Developments (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 7. In Antilles, activities that may cause adverse impacts to coral assemblages 5 are not authorized. (COE) 8. In Florida, PCN required for projects proposed adjacent to Federal projects. No structures, including mooring piles, authorized under this Nationwide Permit shall be within the established setback, calculated from the near design edge of the channel until coordination and concurrence by the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent-to easement or other real estate instrument 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. (COE) Aids to navigation and related informational signage must comply with the latest guidance on setbacks to the Federal Channel (i.e., Setback Guidance for Structures Along Certain Federal Channels, December 2013). 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Critical operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Resource (WQC/CZM-FL) Waters 3 and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. Excluded from use in forested wetlands in the Antilles. 4 (COE) 4. Projects in the Florida Keys must be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. (COE) 6. Excluded from use in the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 7. Excluded from use in the Florida panther consultation area (south of the Caloosahatchee River) as defined in the Florida panther effect determination key (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Panther/pantherKey_Letter2007FEB19.pdf). (COE, FWS) 8. Projects in the Florida Keys that propose impacts to WOTUS greater than 0.25 acre

26 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

30. Moist Soil NonManagement for tidal Wildlife (404)

None GC #22. Regional Conditio n #3

When Yes Yes Yes12 required by GC#32(d) (2)

Yes

31. All Maintenance of Existing Flood Control Facilities (10/404)

Proje All cts activities previ . ously permi tted by, or built by the Corps .

When Yes Yes Denied required by GC#32(d) (2)

Yes

32. Completed All Enforcement Actions (10/404)

5 Regional No acres Conditio (nonti n dal); 1 acre (tidal)

Yes Yes Denied (see full text in letter)

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. must be coordinated with the EPA, Region IV, (EPA) 22. Activities 1. Activities qualifying for this NWP must receive applicable Water Quality Certification in Designated (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or Critical waiver/exemption from the appropriate delegated authority. WQC may be waived for Resource certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Waters 3 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by and/or their operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. adjacent (WQC/CZM-FL) wetlands 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is require notification. a NWP Pre-Construction Notification. (COE) 3. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary. (COE) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Waters 3 (WQC/CZM-FL) and/or their 2. Projects in the Antilles 4 shall be made through the Joint Permit Process using the adjacent most recent and valid DA Permit Application ENG Form 4345 and the form must indicate wetlands. it is a NWP Pre-Construction Notification. (COE) 3. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. In the Antilles 4 applications shall be submitted through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE). The application must also contain the information described in General Condition 31. (COE)

27 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

34. Cranberry Production Activities (404)

All

10 All When NA acres activities required by GC#32(d) (2)

NA

NA

35. Maintenance Dredging of Existing Basins (10)

Naviga None Regional No ble Conditio ns #3, #4, #5, #6, #7, #8, #10, #11, #12

Yes NA

NA

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification. 22. Discharges not authorized in Designated Critical Resource Waters 3 and/or their adjacent wetlands.

NA

NA

WQC MTIF

22. Activities in Designated Critical Resource Waters 3 and/or their adjacent wetlands require notification.

WQC STF Yes

CZM VI

None All When Yes Yes Denied activities required . by GC#32(d) (2)

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

33. Temporary Construction, Access and Dewatering (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

28 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 1. In Florida, the activities under this NWP may have already have received WQC and applicable CZCC as part of a permit under Part IV of Chapter 373, F.S., and any applicable authorization for work on state-owned submerged lands under Chapter 253, F.S., for the larger activity for which construction access is required. If it has not, prior to the initiation of any construction or alteration under this NWP, the construction access must be authorized by the applicable permits required under Chapter 373, F.S., by the DEP, a WMD under Section 373.069, F.S., or a delegated local government under Section 373.441, F.S., as well as any authorization required for the use of state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. (WQC/CZM-FL) 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. Projects in the Florida Keys must be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary. NONE. CRANBERRY PRODUCTION DOES NOT OCCUR IN THE JACKSONVILLE DISTRICT.

1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. On Tribal lands (i.e., Miccosukee and the Seminole Tribes of Florida) the following conditions will apply: (a) Dredging authorized by this NWP will not exceed the originally excavated depth. (WQC-STF) (b) This permit does not authorize the removal of plugs or connections of any canal to navigable waters of the U.S. (WQC-STF)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

Yes Yes Yes12

CZM VI

36. Boat All 50 cy; Regional No Ramps (10/404) except 20 ft Conditio special width ns #3,

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22. Activities in Designated Critical

29 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. (c) Documentation shall be provided showing the originally authorized depth. (WQC STF) (d) Any spoil material shall be deposited at a self-contained upland spoil site in such a manner that it will be totally contained in the uplands without discharge. (WQC-STF) 3. Dredging activities and associated spoil disposal on Tribal lands or in Tribal waters must receive prior written approval from the Miccosukee Tribe. 4. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary. (COE) 5. In Florida a PCN is required prior to the start of any activity proposed within submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages.5 (COE) 6. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 7. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 8. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 9. Hopper dredging is not allowed under this NWP. (COE) 10. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 11. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 12. PCN is required prior to the start of any activity proposed within submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. (COE, NMFS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

37. Emergency Watershed Protection and

PCN Threshol d and/or Require ments:

WQC PR

aquati c sites

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

#5, #6, #7, #8, #9, #10; GC#22

NRC All When S, activities required USFS by

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below. Resource Waters 3 and/or their adjacent wetlands require notification.

Yes Yes Waived

Yes

22. Activities in Designated Critical

30 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. No boat ramps may be constructed on Tribal lands or in Tribal waters without prior written approval of the STF or Miccosukee Tribe. (WQC-STF) 3. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 4. Excluded in areas without existing access to navigation channels where the minimum water depth for ingress to or egress from the navigation channels is less than -3 feet at mean or ordinary low water. (COE) 5. PCN required for projects in WOTUS accessible to the Florida panther. (COE) 6. In Florida, PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 7. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 8. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 9. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 10. PCN required for projects in the following rivers, creeks, and their tributaries: Escambia River, Yellow River, Shoal River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe River, New River (Bradford and Union County line), and Econfina Creek. (COE) 11. In the Antilles, 4 this NWP is excluded from all tidal waters. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

, or DOI only

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Rehabilitation (10/404)

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GC#32(d) (2)

38. Cleanup of Hazardous and Toxic Waste (10/404)

All

None All When Yes Yes Waived activities required by GC#32(d) (2)

Yes

39. Commercial, and Institutional Developments (10/404)

Nontidal, excludi ng all wetlan ds adjace nt to tidal waters

½ All acre; activities 300 linear feet of strea m bed

When Yes Yes Denied required by GC#32(d) (2) ;

Yes

If more than 0.25 acre of WOTUS in the FL Keys

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. Resource certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Waters 3 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by and/or their operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. adjacent (WQC/CZM-FL) wetlands 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most require recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is notification. a NWP Pre-Construction Notification. (COE) 22. Activities 1. In Florida, WQC is granted and the Corps may presume CZCC for cleanup in Designated conducted in accordance with Section 121(e) of CERCLA, and separate state permits Critical are not required. Any other cleanup activities under this NWP must be authorized, prior Resource to the initiation of any construction or alteration, by the applicable permit required under 3 Waters Part IV of Chapter 373, F.S., by the DEP, a WMD under Section 373.069, F.S., or a and/or their delegated local government under Section 373.441, F.S., and receive WQC and adjacent applicable CZCC or waiver thereto, as well as any authorizations required for the use of wetlands state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter require 258, F.S. (WQC/CZM-FL) notification. 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Waters 3 (WQC/CZM-FL) and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. Excluded from use in forested wetlands in the Antilles. 4 (COE) 4. All projects in the Florida Keys must be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. 6. Excluded from use in the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 7. Excluded from use in the Florida panther consultation area (south of the Caloosahatchee River) as defined in the Florida panther effect determination key

31 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

minim um neces sary

When Yes Yes Denied required by GC#32(d) (2)

All activities . Reshapi ng >500 linear ft; Regional

WQC MTIF

Nontidal, excludi ng all wetlan ds adjace

41. Reshaping Existing Drainage Ditches (404)

WQC STF

When Yes Yes Yes12 required by GC#32(d) (2)

CZM VI

½ All acre; activities 300 . linear feet of strea m bed

WQC VI

Nontidal, excludi ng all wetlan ds adjace nt to tidal waters

Coordinat ion by Corps with Federal and state agencies required

CZM PR

40. Agricultural Activities (404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

If more than 0.25 acre of impact to WOTUS WOTUS in the Antilles

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Panther/pantherKey_Letter2007FEB19.pdf). (COE, FWS) 8. Projects in the Florida Keys that propose impacts to WOTUS greater than 0.25 acre must be coordinated with the EPA, Region IV, (EPA) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or Discharges not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Critical operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Resource (WQC/CZM-FL) Waters 3 and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. Excluded from use in forested wetlands in the Antilles. 4 (COE) 4. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. Projects adjacent to Tribal lands will require review for impacts to Tribal trust resources prior to use of this NWP when the property on which the project is occurring is adjacent to Tribal lands. 5. Excluded from use in the Belle Meade North bounded by I-75 to the south, Golden Gate Canal to the west, and Miller Canal to the east, and Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 6. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. 7. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP. 8. In the Antilles, coordination with USFWS is required for projects that impact more than 0.25 acre of WOTUS. (USFWS) 9. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL)

32 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

½ All acre; activities 300 . l linear feet of strea m bed

43. Stormwater Management Facilities (404)

Non½ tidal, acre; excludi 300

WQC MTIF

Nontidal, excludi ng all wetlan ds adjace nt to tidal waters

WQC STF

42. Recreational Facilities (404)

CZM VI

Conditio n #3, #4, #6.

WQC VI

nt to tidal waters

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

When Yes Yes Denied required by GC#32(d) (2)

Yes

Yes Yes Denied

Yes

All new When construct required ion or by

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 2. No change in the rate or volume of water discharged from the site from pre construction conditions is authorized. (WQC/CZM-FL) 3. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. The PCN shall include a sediment and erosion control plan. (COE) 6. PCN required for projects adjacent to Tribal lands, which require review for impacts to Tribal trust resources prior to use of this NWP when the property on which the project is occurring is adjacent to Tribal lands. 7. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply within Golden Gate Estates north of Alligator Alley. (COE) 8. Excluded from use in the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 9. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP. 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. 3 (WQC/CZM-FL) Waters and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. Excluded from use in forested wetlands in the Antilles. 4 (COE) 4. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. Excluded from use in the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 6. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply within Golden Gate Estates north of Alligator Alley. (COE) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for

33 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

GC#32(d) (2) ; if more than300 linear feet of intermitte nt or ephemer al stream bed will be lost

non½ tidal acre WOTU S; 300 linear feet of intermi ttent or ephem eral stream bed

All When Yes Yes Denied activities required . by GC#32(d) (2)

WQC MTIF

expansio n but not mainten ance; Regional Conditio ns #2, #5, and #7

WQC STF

linear feet of strea m bed

CZM VI

ng wetlan ds adjace nt to tidal waters

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

44. Mining Activities (10/404)

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) Waters 3 and/or their 2. PCN required prior to start of all work in wetlands adjacent to Deerpoint Lake and its adjacent tributaries, Bay County, FL. (COE) wetlands. 3. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. Excluded from use in the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 5. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 6. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply within Golden Gate Estates north of Alligator Alley. (COE) 7. PCN required for projects in WOTUS accessible to the Florida panther. (COE) 8. Projects adjacent to Tribal lands shall not be authorized without prior written approval from the respective Tribal entity (i.e., Miccosukee or Seminole Tribe of Florida. (WQC STF) 22. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification Discharges (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § Critical 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Resource operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Waters 3 (WQC/CZM-FL) and/or their 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most adjacent recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is wetlands. a NWP Pre-Construction Notification. (COE) 3. Excluded from use in the Belle Meade North bounded by I-75 to the south, Golden Gate Canal to the west, and Miller Canal to the east, and Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 4. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply within Golden Gate Estates north of Alligator Alley. (COE) 5. Excluded from use in the Corkscrew Marsh Basin, south of S.R. 82, east of I-75 in Collier and Lee Counties. (COE) 6. Projects in the Florida Keys should be submitted through the Joint Permit Process, or

34 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

When Yes Yes Yes12 required by GC#32(d) (2)

CZM VI

Minim All um activities neces . sary

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

45. Repair of Uplands Damaged by Discrete Events (10/404)

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

35 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 7. The PCN shall include a sediment and erosion control plan. (COE, NMFS, FWS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. For projects proposed in Florida adjacent to Federally maintained channels, no structures, including mooring piles, authorized under this NWP shall be within the established setback, calculated from the near bottom edge of the channel, until coordination and concurrence with the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent to-easement or other real estate instrument 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. (COE) 3. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 4. For work in waters accessible to the manatee In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). For work in waters accessible to the manatee in Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 5. For work in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 6. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

None, unles s new proje ct area then

Coordinat ion by Corps with Federal and state agencies required

CZM PR

Constr 1 ucted acre feature s i.e., ditche s and canals that drain WOTU S or redirec t flow from WOTU S

PCN Threshol d and/or Require ments:

WQC PR

46. Discharges in Ditches and Canals (404)

47. [Reserved] 48. Commercial All Shellfish Aquaculture Activities (10/404)

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

All When Yes Yes Denied Activities required . by GC#32(d) (2)

Yes

Yes Yes Denied

Yes

Change All in requiring species; PCN or dredge harvestin g in

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL)

36 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. Florida Keys National Marine Sanctuary prior to construction. (COE) 7. The PCN shall include a sediment and erosion control plan. (COE, NMFS, FWS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. Prior to work on Tribal lands or in Tribal waters, prior written approval must be obtained from the Seminole Tribe of Florida or the Miccosukee Tribe. (WQC-STF) 3. Prior to initiation of construction on Tribal lands or in Tribal waters which discharge into Miccosukee Federal Reservation, under this NWP, prior written approval must be obtained from the Miccosukee Tribe of Indians of Florida. (WQC-MTIF) 4. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 5. The PCN shall include a sediment and erosion control plan. (COE) 6. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 7. Projects adjacent to Tribal lands will require review for impacts to Tribal trust resources prior to use of this NWP when the property on which the project is occurring is adjacent to Tribal lands. 8. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply within Golden Gate Estates north of Alligator Alley. (COE) 9. Excluded from use in the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 10. Projects that capture and store water, such as Dispersed Water Management Projects (DWMP), are excluded from this NWP.

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

NAJ

WQC MTIF

NAJ

WQC STF

None All When NAJ activities required by GC#32(d) (2)

CZM VI

SAV; or change in culture methods ; or new project area. Regional Conditio ns #3, #5, #7, #8, #9

WQC VI

>1/2 acre impac t to SAV

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

All

Acrea ge & Linea r Limits

CZM FL

49. Coal Remining Activities (10/404)

Applic able Water s

WQC FL

Type of Nationwide Permit

N N N N NAJ AJ AJ AJ A J

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

22. Discharges not authorized in Designated Critical Resource Waters 3 and/or their adjacent wetlands.

37 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 2. Dredging of sediments is not authorized (except as outlined in Condition 1), except for harvesting of crabs, sand dollars, sea urchins and similar invertebrates by properly accredited scientific researchers and private individuals not engaged in commercial activities. (WQC/CZM-FL) 3. PCN required prior to the start of any activity proposed within submerged aquatic vegetation, 7 tidal wetlands, and/or coral assemblages. 5 (COE) 4. PCN required for all projects in the Antilles 4 and shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 5. PCN required for projects proposed within critical habitat for the smalltooth sawfish. (COE) 6. Placement of materials for Live Rock culture and the harvesting of Live Rock are excluded from this nationwide. (COE) 7. PCN required for projects in waters that are accessible to manatees. In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). In Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 8. PCN required for projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 9. PCN required for all projects in the Florida Keys through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) NONE. COAL MINING DOES NOT OCCUR IN THE JACKSONVILLE DISTRICT

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

When NAJ required by GC#32(d) (2)

NAJ

51. Land-Based Renewable Energy Generation Facilities (10/404)

Nontidal, excludi ng wetlan ds adjace nt to tidal waters

½ All acre; activities 300 . linear feet of strea m bed

When Yes Yes Yes12 required by GC#32(d) (2)

NAJ

If greater than ¼ acre of impact to WOTUS in the Antilles

WQC MTIF

2 All acres activities nontidal water s

WQC STF

CZM FL

All

Coordinat ion by Corps with Federal and state agencies required

CZM VI

WQC FL

50. Underground Coal Mining Activities (10/404)

PCN Threshol d and/or Require ments:

WQC VI

Acrea ge & Linea r Limits

CZM PR

Applic able Water s

WQC PR

Type of Nationwide Permit

N N N N NAJ AJ AJ AJ A J

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below. 22. Discharges not authorized in Designated Critical Resource Waters 3 and/or their adjacent wetlands. 22. Discharges not authorized in Designated Critical Resource Waters 3 and/or their adjacent wetlands.

38 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. NONE. COAL MINING DOES NOT OCCUR IN THE JACKSONVILLE DISTRICT

1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. Excluded from use in forested wetlands in the Antilles. 4 (COE) 4. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 5. Excluded from use in Golden Gate Estates, south of Alligator Alley in Collier County. This NWP may apply within Golden Gate Estates north of Alligator Alley. (COE) 6. Excluded from use in the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, FL. (COE) 7. In the Antilles, coordination with USFWS required for projects which impact greater than 0.25 acre of WOTUS. (USFWS) 8. Projects must comply with the USFWS Land-Based Wind Energy Guidelines (https://www.fws.gov/ecological-services/es-library/pdfs/WEG_final.pdf). (USFWS) 9. In the Antilles, to further protect resources, siting should comply with the USFWS Caribbean Field Office Wildlife and Habitat Risk Map for Utility-Scale Land-Based Wind Energy Projects. https://www.fws.gov/caribbean/es/documents/PR_Habitat_Risk_for_Wind_Energy_Versi on_4_22_15.pdf (USFWS)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

When Yes Yes Yes12 required by GC#32(d) (2)

WQC VI

½ All acre; Activities 300 . linear feet of strea m bed

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

52. WaterAll Based Renewable Energy Generation Pilot Projects (10/404)

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

Yes

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 1. Activities qualifying for this NWP must receive applicable Water Quality Certification 22. (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or Discharges not authorized waiver/exemption from the appropriate delegated authority. WQC may be waived for in Designated certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by Critical operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. Resource 3 Waters (WQC/CZM-FL) and/or their 2. In Florida, in addition to not being available in coral reefs, this NWP is not applicable adjacent in the following areas: other coral communities, submerged aquatic vegetation 7 wetlands. communities, live/hard-bottom 6 communities, and shellfish harvesting areas. A visual survey, conducted by qualified professionals, documenting the benthic 10 habitat types in the project area must be submitted. (CZM-FL) 3. Unless explicitly allowed by other regional conditions, this NWP is not applicable in Designated Critical Resource Waters in Florida and other state- and federally-managed areas such as marine sanctuaries, Habitat Areas of Particular Concern (HAPC), aquatic preserves, and parks. (CZM-FL) 4. PCN in the Antilles 4 shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 5. For work in waters accessible to the manatee In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). For work in waters accessible to the manatee in Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 6. For work in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 7. All projects in the Florida Keys should be submitted through the Joint Permit Process, or the most recent and valid ENG Form 4345. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. (COE) 8. Excluded within the boundaries of Designated Marine Reserves, Marine Protected Areas 8, and Parks in the Antilles. 4 (COE) 9. In the Antilles, 4 PCN must include a benthic survey 10, which includes documentation on observed habitat types.

39 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

Yes Yes Yes12

WQC VI

All Activities

Coordinat ion by Corps with Federal and state agencies required

CZM PR

All

PCN Threshol d and/or Require ments:

WQC PR

53. Removal of Low head dam.

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

40 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 10. In the Antilles, 4 excluded from use in submerged aquatic vegetation, 7, 10 coral assemblages, 5 hard-bottom benthic habitat and designated critical habitat for any federally listed species under the ESA. 11. In Florida, no structures, including mooring piles, authorized under this Nationwide Permit shall be within the established setback of a Federal Channel, calculated from the near design edge of the channel until coordination and concurrence by the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent-to-easement or other real estate instrument 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. (COE) Aids to navigation and related informational signage must comply with the latest guidance on setbacks to the Federal Channel (i.e., Setback Guidance for Structures Along Certain Federal Channels, December 2013). 12. Projects must comply with the USFWS Land-Based Wind Energy Guidelines (https://www.fws.gov/ecological-services/es-library/pdfs/WEG_final.pdf). (USFWS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. The PCN shall be made through the Joint Permit Process, or the most recent and valid ENG Form 4345, and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. For work in waters accessible to the manatee In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). (COE, FWC) For work in waters accessible to the manatee in Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 4. For work in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

Yes Yes Yes12

CZM VI

500 ft All lengt Activities h; 30 ft below OHW M or high tide line

WQC VI

All

Coordinat ion by Corps with Federal and state agencies required

CZM PR

54. Living Shorelines 11

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

Yes

41 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 5. The PCN shall include a sediment and erosion control plan. (COE) 6. The USFWS must be contacted prior to removal of low-head dams in waters accessible to manatees so that appropriate action can be taken to limit potential adverse effects to manatees. (USFWS) 1. Activities qualifying for this NWP must receive applicable Water Quality Certification (WQC) and Coastal Zone Management Act (CZM) consistency concurrence (CZCC) or waiver/exemption from the appropriate delegated authority. WQC may be waived for certain activities in accordance with Agency statutes. In Florida, under 33 C.F.R. § 325.2(b)(2), the Corps may presume CZCC concurrence for the exempted activities by operation of s. 380.23(7), F.S, and the rules of the F.A.C. adopted thereunder. (WQC/CZM-FL) 2. In the Antilles, the PCN shall be made through the Joint Permit Process using the most recent and valid DA Permit Application ENG Form 4345 and the form must indicate it is a NWP Pre-Construction Notification. (COE) 3. All projects in the Florida Keys must receive approval from the FKNMS prior to construction. (COE) 4. For projects that affect aquatic resources, the completed project should result in a net gain in aquatic resource function in accordance with requirements outlined in regulations (i.e., 33 CFR Part 332) and any requirements established by the Florida Fish and Wildlife Conservation Commission. (COE) 5. Materials authorized for use under this NWP must consist mostly of natural material. However, plastic bags (Naltex) and plastic mats (UV stabilized) may be used. In certain cases, biodegradable breakwater stabilization materials such as coir may be used in place of plastic materials. M a y u s e certain concrete products (e.g., sprinkler weights) to add to the "sufficient weight." L arge scale use of concrete as breakwater or substrate for oyster recruitment is prohibited. Certain metals (e.g., wire mesh) may be used for enclosing stone in gabions for breakwaters. Oyster mats should only be used in special cases (e.g., restoring dead margins of reefs, shoreward of and in association with bags in some cases, and held with cable ties and weights at all mat comers). (FWC) 6. The structure(s) shall be maintained as necessary in perpetuity in order to maintain the lift in function and value as required by condition #4, above. (COE) 7. Sills may be constructed in a non-linear manner so as to mimic natural reefs. (FWC) 8. Spacing or gaps between sill material shall be no greater than 8" so as to prevent entrapment of marine mammals or marine turtles. (FWC) 9. Breaks in structures shall be placed at least every 75 feet and shall be five feet in width. (FWC)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017) WQC MTIF

WQC STF

CZM VI

WQC VI

Coordinat ion by Corps with Federal and state agencies required

CZM PR

PCN Threshol d and/or Require ments:

WQC PR

Acrea ge & Linea r Limits

CZM FL

Applic able Water s

WQC FL

Type of Nationwide Permit

GENERAL CONDITIONS Permittee must satisfy all applicable general conditions. General Condition #22 restrictions are noted below.

42 See End of Document for List of Acronyms and Definitions

Regional Conditions and Water Quality Certification and/or Coastal Zone Consistency Certification Special Conditions NOTE: U.S. Army Corps of Engineers (Corps) Regional Conditions are Jacksonville District conditions and have (COE) beside the condition. All others are special conditions attached to Water Quality Certification or concurrence to the Corps' Coastal Zone Consistency. A Nationwide permit cannot be used in an exclusion area designated by the Corps (COE). Exclusion areas attached to WQC/CZM are denied without prejudice until a project-specific WQC and /or CZM concurrence is received. Where technical notes, guidelines, etc. are referenced in the regional conditions below, these documents may be subject to revision at any time. It is our intention that the most recent version of these conditions shall be utilized during the evaluation of the permit application. 10. For work in waters accessible to the manatee In Florida, the permittee shall utilize the following "Standard Manatee Conditions for In-Water Work:" (http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_spec ies/Manatee/2011_StandardConditionsForIn-waterWork.pdf ). For work in waters accessible to the manatee in Puerto Rico, the permittee shall use the following "Antillean Manatee Conservation Measures for In-Water Work:" (https://www.fws.gov/caribbean/es/documents/USFWSAntilleanManateeConservationMe asuresJanuary2012.pdf). (COE) 11. For work in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. If any of these species occurs, the permittee shall utilize the following "Sea Turtle and Smalltooth Sawfish Construction Conditions" (see http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/endangered_speci es/sea_turtles/inwaterWorkSeaTurtle032306.pdf . (COE) 12. The PCN must include a benthic survey.10 (NMFS) 13. In the Antilles, 4 this NWP is excluded from use in submerged aquatic vegetation, 7, 10 coral assemblages, 5 hard-bottom benthic habitat and designated critical habitat for any federally listed species under the ESA. (NMFS-FWS) 14. Projects require approval from NOAA Florida Keys National Marine Sanctuary prior to construction. 15. In Florida, no structures, including mooring piles, authorized under this Nationwide Permit shall be within the established setback of a Federal Channel, calculated from the near design edge of the channel until coordination and concurrence by the Navigation business line is complete. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed work may be verified by use of Florida State Plane Coordinate System (XY coordinates). Any activity within Federal project lands, including rights-of-way, may require the permittee to enter into a consent-to-easement or other real estate instrument 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. (COE) 16. Aids to navigation and related informational signage must comply with the latest guidance on setbacks to the Federal Channel (i.e., Setback Guidance for Structures Along Certain Federal Channels, December 2013). (COE)

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

Indicates a special condition requiring State of Florida individual review language in verification letter.

1. Puerto Rico: Culebra Island; the coastal zone of La Parguera from Punta Jorobado for a distance of approximately twenty kilometers west to Cabo Rojo; Cartagena Lagoon; Tortuguero Lagoons; Mona Island; Forest Reserve Area at Piñones and Torrecilla; Las Cabezas; El Yunque; Jobos Bay; Mar Negro; Río Mameyes; Las Cucharillas Marsh; Caño Tiburones; Rio Herrera/Miñi-Miñi/Mediania area; entire Municipality of Cabo Rojo; Caño Boquillas west of PR-2; Cayures Marsh in Aguada and its contiguous wetlands; the basin wetlands of Bajuras at Isabela, Camuy, and Carrizales in Arecibo; Prieta wetlands at Vega Alta; San Pedro wetlands in Dorado and Toa Alta; Cienaga Baja in Río Grande; wetlands associated with Herrera and Espiritu Santo Rivers; coastal wetlands of Santa Isabel; and all Commonwealth designated Natural Reserve areas. Also, areas along Martin Pena Channel and associated wetlands; Pinones State Forest wetlands; Torecilla Alta Pterocarpus Forest - Loiza; El Faro (Cabezas de San Juan) - Fajardo; wetlands in the Guanica State Forest; Humacao Swamp and Pterocarpus Forest; Caja de Muertos - Ponce, Jobos Bay - Salinas, Mar Negro - Salinas, Boqueron State Forest - Cabo Rojo; Dorado Pterocarpus Forest; Vieques Bioluminescent Bay; Laguna Tortugero; Caño Tiburones; Espinar Swamp (Aguada-Aguadilla); Laguna Joyuda mangroves - Cabo Rojo; Pandura and Guardarraya Special Planning Area; and Ceiba State Forest. 2. U.S. Virgin Islands: St. Croix Annally, Green Cay, Isaac Bay, Cramer's Park and East Point, Sandy Point, Salt River, Teague Bay Reef, Vagthus Point, Altonna Lagoon; St. John -- All Cays, Lagoon Point Newfound Bay, Chocolate Hole, Fish Bay; and St. Thomas -- Botany Bay and Sandy Bay, Coki Cliffs, Mangrove Lagoon (in its entirety), Bovoni wetland area; All cays, Cane Bay, Magens Bay, Mandahl Bay, Neltjeberg Bay and Stumpy Bay. 3. In accordance with General Condition No. 22, Designated Critical Resource Waters in Florida are: (a) Wetlands and other surface waters in National Estuarine Research Reserves, NOAA-managed National Marine Sanctuaries and marine monuments, and state designated Outstanding National Resource Waters: Biscayne National Park; Everglades National Park. (b) State natural heritage sites, and the Marjorie Harris Carr Cross Florida Greenway State Recreation and Conservation Area. (c) Wetlands and other surface waters in the Florida Keys, except where explicitly allowed by regional condition for a specific NWP. (d) Wetlands and other surface waters in active designated State of Florida Areas of Critical State Concern, including the Green Swamp, and the Big Cypress Swamp, and surface waters of the state (as defined in rule 62-312.030, F.A.C.) in the City of Apalachicola. 4. Antilles: For purposes of these regional conditions, the Antilles means either or both the Commonwealth of Puerto Rico and the Territory of the U.S. Virgin Islands. 5. The term "coral assemblage" includes coral reefs and hard bottom communities, which host species of the genus Acropora as well as other hard and soft coral communities. 6. The term "live/hard-bottom communities" includes any area that contains varying biological assemblages of algal species and/or invertebrates such as corals (stony, soft or black corals), hydroids, gorgonians, telestaceans, anemones, zoanthids, corallimorphs, worms, bryozoans, tunicates or sponges, living upon and attached to naturally occurring permanent or ephemeral hard or rocky formations with rough, broken or smooth topography and of variable vertical relief. This would include both natural reefs (e.g., coral reefs, oyster reefs, and worm reefs), and artificial reefs. 7. The term "submerged aquatic vegetation" means the occurrence of one or more species of seagrass, including, but not limited to the following: turtle grass (Thalassia testudinum), manatee grass (Syringodium filiforme), shoal grass (Halodule wrightii), and dwarf seagrass (Halophila spp). 8. Marine Protected Area: In accordance with Executive Order 13158 (May 26, 2000), a Marine Protected Area is defined as "any area of the marine environment that has been reserved by Federal, State, territorial, Tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein". 9. Use of gabions for flood control, river channelization or bank stabilization shall not provide a permanent or long term solution (DNER 2009, Guía Para el Manejo de Ríos en Puerto Rico). Gabions are subject to mesh failure, scour or undercutting, collapse and hydraulic impacts of the water itself. The use of gabions or reno mattress should not be used in coastal areas, or large river systems. The removal of accumulated sediments and debris from bridges is limited to 50 feet upstream and downstream of the bridge. Heavy equipment shall work from existing upland areas (ie bridges, upland banks) whenever possible. If heavy equipment must work in channel, the removal of riparian vegetation is limited to the access and egress point. The elimination of riverine features such as point bars and pools is not part of this NWP. Post construction, all temporary fords or crossings shall be removed; banks and channel shall be returned to pre-existing contours and depths. The stream banks shall be fully stabilized using stream bank restoration treatments.

10. Optimal window for benthic survey of submerged aquatic vegetation is during the period June 1 through September 30. Please access our Source Book for additional guidance and information on benthic survey protocol.

43 See End of Document for List of Acronyms and Definitions

JACKSONVILLE DISTRICT 2017 NATIONWIDE PERMITS Summary of Applicability, Limits, State and Tribal Certifications, and Regional Conditions (March 14, 2017)

11. More information on Living Shorelines can be obtained from the following website: http://www.dep.state.fl.us/northwest/ecosys/section/living_shorelines.htm. This website link is provided for information only and does not imply support for, or opposition to, living shorelines. 12. "We wish to point out that the coverage of the GWQC or the issuance of an individual WQC is subject to the compliance of the activity with Article 4(B)(3) of Law No. 416 of September 22, 2004 (Puerto Rico Environmental Public Policy Act), regarding the submission of an Environmental Impact Statement or Environmental Assessment in order to provide to any interested party all the pertinent information and discussion of the possible impacts of the project on the environment." (Gobierno de Puerto Rico Junta de Calidad Ambental letter dated March 3, 2017) Acronyms Used in this list of Regional Conditions: COE: U.S. Army Corps of Engineers CZM: Consistency with the State's Coastal Zone Management Plan DEP: Florida Department of Environmental Protection EEZ: Exclusive Economic Zone FL: Florida FKNMS: Florida Keys National Marine Sanctuary FWC: Florida Fish and Wildlife Conservation Commission FWS: U.S. Fish and Wildlife Service MTIF: Miccosukee Tribe of Indians of Florida NA: Not Applicable NAJ: Not applicable in the Jacksonville District NMFS: National Marine Fisheries Service NPS: National Park Service NOAA: National Oceanic and Atmospheric Administration PCN: Pre-construction notification PR: Commonwealth of Puerto Rico SAV: submerged aquatic vegetation SHPO: State Historic Preservation Office STF: Seminole Tribe of Florida USVI: Territory of the U.S. Virgin Islands WMD: Water Management District WOTUS: Waters of the United States WQC: Water Quality Certification conferred by the State

44 See End of Document for List of Acronyms and Definitions

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