Jacksonville District

PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-20. PRIVATE RESIDENTIAL DOCKS/PIER FACILITIES AND MINOR STRUCTURES IN FLORIDA The Jacksonville District is proposing reissuance and updates to RGPs SAJ-17 (Minor Structures in Florida) and SAJ-20 (Private Residential Docks/Pier Facilities in Florida). Updates to the permit special conditions for these RGPs will address protection of threatened and endangered species as well as other regulatory program requirements. Due to the similar nature of activities authorized by the two referenced RGPs, the District is also proposing reissuance of both RGPs under one combined RGP. The proposed combined RGP will retain the identification number “SAJ-20” and will include work currently authorized by the two RGPs. The RGPs can be accessed at: http://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-20

PRIVATE RESIDENTIAL DOCKS/PIER FACILITIES AND MINOR STRUCTURES IN FLORIDA

SAJ-2006-00617(RGP-TLW)

The Jacksonville District is proposing reissuance and updates to RGPs SAJ-17 (Minor Structures in Florida) and SAJ-20 (Private Residential Docks/Pier Facilities in Florida). Updates to the permit special conditions for these RGPs will address protection of threatened and endangered species as well as other regulatory program requirements. Due to the similar nature of activities authorized by the two referenced RGPs, the District is also proposing reissuance of both RGPs under one combined RGP. The proposed combined RGP will retain the identification number “SAJ-20” and will include work currently authorized by the two RGPs. The RGPs can be accessed at: http://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

PROPOSED WORK: Private residential docks and pier facilities that accommodate not more than four (4) motorized vessels, including those that may be dry stored, such as but not limited to personal watercraft, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of same.

AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

Waterway and location: Navigable waters of the United States located throughout the State of Florida, unless otherwise excluded by condition(s) of this RGP.

PURPOSE AND NEED: The District receives a significant volume of permit applications for single-family piers/docks and minor structures throughout the State of Florida. Reissuance of SAJ-20 will serve to improve permitting efficiencies and reduce timeframes for authorization of single family piers/docks and other minor structures in Florida.

BACKGROUND: On April 8, 2013, the Corps reissued RGP SAJ-17 (SAJ-2006-01733) which authorizes construction of minor structures in the State of Florida. This RGP was originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps’ ORM 2 database, during the time period October 10, 2012 through October 10, 2017, RGP SAJ-17 has been utilized a total of 2244 times. On March 22, 2013, the Jacksonville District, U.S. Army Corps of Engineers (Corps) reissued Regional General Permit (RGP) SAJ-20, for private single family pier in the State of Florida. This RGP was originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps’ ORM 2 database, during the time period October 10, 2012 through October 10, 2017, the SAJ-20 has been utilized a total of 1853 times.

The term “general permit” means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years general permits may be re-issued, suspended, or revoked. To improve efficiencies and further streamline our regulatory process, the District is proposing to reissue the referenced RGPs under a combined RGP.

An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via a “standard permit”, but the application must be individually evaluated and coordinated with third parties, including the Federal and State resource agencies. Review of an application for a “standard permit” takes additional time to complete as conflict resolution may be required.

PROPOSED PERMIT CONDITIONS: The following special conditions are proposed to be made part of this RGP:

Private residential docks/pier facilities shall be designed to accommodate not more than four (4) motorized vessels, including those that may be dry stored such as but not limited to personal watercraft, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of same.

Other minor structures authorized under this general permit include:

single mooring pilings;

small mooring dolphins (not to exceed a cluster of four);

non-commercial information signage;

boat lifts, hoists, davits. etc.

other minor structures that would have less environmental impact than a small dock.

No work shall be performed until the applicant submits satisfactory plans for the proposed structure and receives written authorization from the District Engineer.

The following areas are specifically excluded from authorization under SAJ-20:

Motorboat prohibited zones, no entry zones, and Federal

Manatee Sanctuaries.

All areas regulated under the Lake Okeechobee and Okeechobee

Waterway Shoreline Management Plan, located between St. Lucie Lock in Martin County and W.P. Franklin Lock in Lee County.

Monroe County

American Crocodile designated critical habitat, Biscayne Bay National

Park Protection Zone (Dade County), St. Lucie Impoundment (Martin County), and areas identified in the Wild and Scenic Rivers Act (16 U.S.C. 1317, et seq.): the St. Mary's River, from its headwaters to its confluence with the Bells River, the entire Wekiva River, including Wekiwa Springs Run, Rock Springs Run, the entire Seminole Creek, and Black Water Creek from its outfall at Lake Norris to its confluence with the Wekiva River, the Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson State Park.

The following state parks: John Pennekamp Coral Reef State Park,

Lignum Vitae Key State Botanical Site and Aquatic Preserve, Long Key State Park, Curry Hammock State Park, and Bahia Honda State Park.

Kings Bay/Crystal River/Homosassa/Salt River system (Citrus

County) and canals connected to these waterways.

Lake Miccosukee (located on the common boundary of Leon and

Jefferson Counties).

Within the coastal lakes, their outfalls and/or the shore areas

between the lakes and the Gulf of Mexico as depicted on the attached map (Attachment 1).

Elkhorn coral (Acropora palmata) and Staghorn coral

(Acropora cervicornis) designated critical habitat (Attachment 2).

j . Areas on or contiguous to ocean beaches.

k. Smalltooth sawfish limited exclusion zones (Attachment 3).

Timucuan Ecological and Historical Preserve: No structures shall be authorized by SAJ-20 within the boundaries of the Timucuan Ecological and Historical Preserve (Duval County) until the National Park Service has been contacted and offered the opportunity to submit comments to the Corps on the effects of the proposed project on the preserve.

This RGP has undergone consultation with U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) in accordance with Section 7, Endangered Species Act, on Federally listed species and designated critical habitat within their purview (Attachment 4). If the proposed activity requires additional consultation under the Endangered Species Act with the FWS and/or NMFS on: 1) these or any other federally listed threatened or endangered species or species proposed for Federal listing; or 2) designated critical habitat or proposed designated critical habitat for these or any other federally listed threatened or endangered species, or proposed species, then, until consultation is reinitiated and concluded, and the agency determines that the activity will not jeopardize the continued existence or adversely modify critical habitat, the proposed activity cannot be authorized under this RGP.

Prior to verification of authorization, the dichotomous key titled, "The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, March 2011," (see http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) will be used to determine potential manatee impacts. Those determined to be a "may affect" to the manatee will not be authorized unless consistent with the 2011 Manatee Programmatic Consultation or individual consultation on the project is required and has been reinitiated and concluded with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Additionally, depending on the location of the project, some projects determined to be "may affect, not likely to adversely affect" will not be authorized until consultation on the project has been concluded. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of the permit application.

For projects in waters accessible to manatees, the Permittee will utilize the "Standard Manatee Conditions for In-Water Work, 2011" (see

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) and/or requirements, as appropriate for the proposed activity. Note: The manatee conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.

For projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, Atlantic sturgeon, or shortnose sturgeon, the Permittee shall comply with the Project Design Criteria (PDC) for In-Water Activities (Attachment 5) and PDC for In-Water Noise from Pile and Sheet Pile Installation (Attachment 6). Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.

The Permittee shall adhere to the NOAA Fisheries Service Vessel Strike Avoidance Measures and Reporting /or Mariners (Attachment 7) (see

http://www. saj. usace.army .mil/Missions/Regulatory/SourceBook.aspx).

In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized until consultation has been concluded with the U.S. Fish and Wildlife Service (USFWS): American crocodile designated critical habitat; Gulf sturgeon designated critical habitat under the jurisdictional responsibility of the USFWS; within the designated critical habitat for federally listed freshwater mussels, and freshwater mussels proposed for listing consisting of the following drainages: Within the main stem, creeks, and tributaries of the following rivers: Escambia (Escambia and Santa Rosa Counties), Yellow (Santa Rosa, Okaloosa, and Walton Counties), Choctawhatchee (Walton, Bay, Washington), Chipola (Jackson, Calhoun, and Gulf Counties), Apalachicola (Jackson, Calhoun, Gadsden, Liberty, Gulf, and Franklin Counties), Ochlockonee (Franklin, Wakulla, Liberty, Leon, and Gadsden Counties), Santa Fe and New (Columbia, Suwannee, Bradford, Baker, Union, Gilchrist, and Alachua Counties), and Econfina Creek and its tributaries (Bay and Washington Counties)..

12. Projects proposing installation of any size of metal piling or metal sheet piling by impact hammer cannot be authorized under SAJ-20 until individual consultation has been initiated and concluded with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, as appropriate.

13. For projects located in Gulf Sturgeon Critical Habitat Migratory Restriction Zones, the permittee shall comply with the PDCs specific to the Gulf Sturgeon Critical Habitat Migratory Restriction Zones (Attachment 8).

14. No work shall be authorized which causes adverse impact to hard or soft corals, hardbottom or other essential features within staghorn or elkhorn coral designated critical habitat. Essential features are natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover. Projects must comply with the PDCs specific to Mangroves, Seagrasses, Corals and Hard Bottom for All Projects (Attachment 9).

15. The permittee agrees to comply with the PDCs for the proposed work in accordance with the National Marine Fisheries Service’s (NMFS) Biological Opinion referred to as JaxBO, issued November 20, 2017. These PDCs are made conditions of this RGP. Failure to comply with these conditions could result in enforcement action by the Corps and/or NMFS.

16. No work shall be authorized by SAJ-20 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to mangroves, estuarine emergent vegetation, marine emergent vegetation, and/or the following species of submerged aquatic vegetation: shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), Johnson's seagrass (Halophila johnsonii ), sago pondweed (Potamogeton pectinatus ), clasping-leaved pondweed (Potamogeton perfoliatus ), widgeon grass (Ruppia maritima), manatee grass (Syringodium jiliforme ), turtle grass ( Thalassia testudinum), tapegrass ( Vallisneria americana), horned pondweed (Zannichellia palustris ), and eel grass (Zostera marina). Indirect effects include secondary and cumulative effects. In addition, the project cannot have adverse effects on any other essential fish habitat.

17. Adverse impacts to aquatic vegetation from dock construction shall be avoided by adherence to the attached 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 (SAV), Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service - August 2001" (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx).

Note: The Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of the technical tool will be utilized during the evaluation of the permit application.

18. Installation of pier/dock facilities and minor structures: (1) within Johnson’s seagrass critical habitat; (2) within the range of Johnson’s seagrass , but outside of Johnson’s seagrass critical habitat; and (3) outside of both the range and critical habitat for Johnson’s seagrass. Must follow PDC for PDCs Specific to Activity 2 - Pile-Supported Structures and Anchored Buoys (Attachment 10).

19. This permit does not authorize dredging or the removal of red mangrove

(Rhizophora mangle).

20. For projects proposed adjacent to Federally-maintained channels, no structure, including mooring piles, authorized under this regional general permit shall be within the established setback. The setback is normally 100 feet in the various Intracoastal Waterways but may vary in a few specific reaches as well as in other Federal channels. Exact locations of the proposed structures relative to the channel may need to be verified by use of the Florida State Plane (x, y) Coordinate System, calculated from the near-bottom edge of the Federal channel. Any activity within Federal rights-of-way will require the Permittee to enter into a consent-to­ easement with the Real Estate Division, U.S. Army Corps of Engineers, Jacksonville or Mobile District, as appropriate, prior to the commencement of any construction activity.

21. Assurance of Navigation and Maintenance: For projects authorized under the SAJ-20 in navigable waters of the United States, the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. A structure authorized under this regional general permit must not interfere with general navigation.

22. No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the Permittee's expense on authorized facilities in navigable waters of the United States.

23. To maintain no less than 50% of the open-water portion of the waterbody available for public use, structures constructed on canals or channels must not extend more than 25% of the canal/channel width, excluding dense areas of shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline.

24. Cultural Resources/Historic Properties:

No structure or work shall adversely affect, impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.

If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps within two calendar days. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions.

Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps.

25. Marked Utilities: No work shall be performed until after the Permittee provides notification to the owner(s) or operator(s) of any marked utilities in the area of the structure.

26. Turbidity control measures may be required, and the work must be conducted so as to prevent violations of State Water Quality Standards as established in sections 62-4.242 and 62-4.244 of the Florida Administrative Code and Chapters 62-302, 62-520, 62-522, and 62-550 of the Florida Administrative Code.

27. Activities authorized under this general permit shall not impede navigation or affect flood control.

28. Water Quality Certification (WQC) or waiver thereto, and Coastal Zone Consistency (CZCC): Activities qualifying for this regional general permit (RGP) must be authorized by the applicable permit or exemption under Part IV of Chapter 373, F.S., and by any authorization required to use or occupy state-owned submerged lands (SSL) under Chapter 253, F.S., and, as applicable Chapter 258 F.S. Such permit, issued by the Department of Environmental Protection, a water management district under s. 373.069, F.S., or a local government with delegated authority under s. 373.441, F.S., will provide the applicable WQC or waiver thereto, and CZCC. WQC is waived for activities authorized under this RGP that qualify for an exemption under s. 403.813(1)(i) or 373.406, F.S., or the rules of Florida Administrative Code (F.A.C.) adopted under Part IV of Chapter 373, F.S. The Corps under C.F.R. § 325.2(b)(2) may presume CZCC for the above exempt activities by operation of s. 380.23(7), F.S., provided the activity receives the applicable authorization to use and occupy SSL under Chapter 253, F.S., and, as applicable, Chapter 258, F.S., and the rules F.A.C. adopted thereunder. The Corps shall not be precluded from acting on a request to use this RGP before the applicable SSL authorization is granted.

29. State-listed fish or wildlife species: This authorization does not include conditions that would prevent the 'take' of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species.

30. Conformance with the descriptions and criteria contained herein does not necessarily guarantee authorization under this regional general permit. The District Engineer reserves the right to require that any request for authorization under this regional general permit be processed as a standard permit.

31. Expiration Date: This RGP will be valid for a period of five years from the date specified above unless suspended or revoked by the District Engineer prior to that date. If SAJ-20 expires or is revoked prior to completion of the authorized work, authorization of activities that have commenced or are under contract to commence in reliance on SAJ-20 will remain in effect provided the activity is completed within 12 months of the date SAJ-20 expired or was revoked.

32. The Permittee shall perform all work in accordance with the general permit conditions attached hereto and made a part of this permit (Attachment 11).

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AVOIDANCE AND MINIMIZATION: No fill in wetlands is proposed with this RGP.

COMPENSATORY MITIGATION: No activities would be authorized in wetlands. Due to the minor nature of impacts, and no impacts to wetlands, no compensatory mitigation will be required for the proposed activities.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

ARCHAEOLOGICAL AND CULTURAL RESOURCES: The activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”. By copy of this public notice, the Corps is providing information to the State and Tribes for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized Tribes with concerns in Florida and the Permit Area.

ESSENTIAL FISH HABITAT: This letter serves as a request for consultation with the National Marine Fisheries Service – Habitat Conservation Division on Essential Fish Habitat as required under the Magnuson-Stevens Fishery Conservation and Management Act. The Corps has determined that with adherence to the terms and conditions outlined above, that the list of minor activities covered by this PGP would have only minimal adverse impact on EFH and/or Federally managed fisheries under NMFS’ purview.

THREATENED AND ENDANGERED SPECIES: This RGP will be coordinated via separate letter with the U.S. Fish and Wildlife Service for effects on listed species and designated critical habitat as required under the Endangered Species Act (ESA). This RGP includes certain conditions for compliance with the National Marine Fisheries Service (NMFS), Protected Resources Division Biological Opinion for listed species and designated critical habitat within the State of Florida and the Antilles, referred to as JaxBO.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the State of Florida through either the Department of Environmental Protection and/or one of the state Water Management Districts.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.

RESPONSE: Comments regarding this proposed reissuance of RGP SAJ-20 should be submitted in writing to Tracey Wheeler at the letterhead address or electronic mail at Tracey.L.Wheeler@usace.army.mil within 30 days from the date of this notice. If no adverse comments are received, the permit will be reissued without further notice.

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1002 WEST 23RD STREET, SUITE 350 PANAMA CITY, FLORIDA 32405 REPLY TO ATTENTION OF

January 8, 2018

Regulatory Division

PUBLIC NOTICE PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-20 PRIVATE RESIDENTIAL DOCKS/PIER FACILITIES AND MINOR STRUCTURES IN FLORIDA SAJ-2006-00617(RGP-TLW) The Jacksonville District is proposing reissuance and updates to RGPs SAJ-17 (Minor Structures in Florida) and SAJ-20 (Private Residential Docks/Pier Facilities in Florida). Updates to the permit special conditions for these RGPs will address protection of threatened and endangered species as well as other regulatory program requirements. Due to the similar nature of activities authorized by the two referenced RGPs, the District is also proposing reissuance of both RGPs under one combined RGP. The proposed combined RGP will retain the identification number "SAJ-20" and will include work currently authorized by the two RGPs. The RGPs can be accessed at: http://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/ PROPOSED WORK: Private residential docks and pier facilities that accommodate not more than four (4) motorized vessels, including those that may be dry stored, such as but not limited to personal watercraft, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of same. AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). WATERWAY AND LOCATION: Navigable waters of the United States located throughout the State of Florida, unless otherwise excluded by condition(s) of this RGP. PURPOSE AND NEED: The District receives a significant volume of permit applications for single-family piers/docks and minor structures throughout the State of Florida. Reissuance of SAJ-20 will serve to improve permitting efficiencies and reduce timeframes for authorization of single family piers/docks and other minor structures in Florida. BACKGROUND: On April 8, 2013, the Corps reissued RGP SAJ-17 (SAJ-2006-01733) which authorizes construction of minor structures in the State of Florida. This RGP was

originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps' ORM 2 database, during the time period October 10, 2012 through October 10, 2017, RGP SAJ-17 has been utilized a total of 2244 times. On March 22, 2013, the Jacksonville District, U.S. Army Corps of Engineers (Corps) reissued Regional General Permit (RGP) SAJ-20, for private single family pier in the State of Florida. This RGP was originally issued in the mid-1970s pursuant to Section 10 of the Rivers and Harbors Act of 1899, and has been reviewed and reissued every five years since then. According to the Corps' ORM 2 database, during the time period October 10, 2012 through October 10, 2017, the SAJ-20 has been utilized a total of 1853 times. The term "general permit" means a Department of the Army authorization that is issued on a nationwide or regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. General permits are a way to reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. General permits are reviewed every five years. After five years general permits may be re-issued, suspended, or revoked. To improve efficiencies and further streamline our regulatory process, the District is proposing to reissue the referenced RGPs under a combined RGP. An assessment of the cumulative impacts of work authorized under a general permit is performed prior to authorization. In most instances, projects which comply with the conditions of a general permit can receive project specific authorization. Projects that do not comply with the conditions of a general permit may still receive authorization via a "standard permit", but the application must be individually evaluated and coordinated with third parties, including the Federal and State resource agencies. Review of an application for a "standard permit" takes additional time to complete as conflict resolution may be required. PROPOSED PERMIT CONDITIONS: The following special conditions are proposed to be made part of this RGP: 1. Private residential docks/pier facilities shall be designed to accommodate not more than four (4) motorized vessels, including those that may be dry stored such as but not limited to personal watercraft, unless a Florida Fish and Wildlife Conservation Commission approved Manatee Protection Plan is more restrictive. This includes normal appurtenances such as boat hoists, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, and maintenance of same. 2.

Other minor structures authorized under this general permit include: a. single mooring pilings; b. small mooring dolphins (not to exceed a cluster of four); 2

c. non-commercial information signage; d. boat lifts, hoists, davits. etc. e. other minor structures that would have less environmental impact than

a small dock.

3. No work shall be performed until the applicant submits satisfactory plans for the proposed structure and receives written authorization from the District Engineer. 4.

The following areas are specifically excluded from authorization under SAJ-20:

a. Motorboat prohibited zones, no entry zones, and Federal Manatee Sanctuaries. b. All areas regulated under the Lake Okeechobee and Okeechobee Waterway Shoreline Management Plan, located between St. Lucie Lock in Martin County and W.P. Franklin Lock in Lee County. c. Monroe County d. American Crocodile designated critical habitat, Biscayne Bay National Park Protection Zone (Dade County), St. Lucie Impoundment (Martin County), and areas identified in the Wild and Scenic Rivers Act (16 U.S.C. 1317, et seq.): the St. Mary's River, from its headwaters to its confluence with the Bells River, the entire Wekiva River, including Wekiwa Springs Run, Rock Springs Run, the entire Seminole Creek, and Black Water Creek from its outfall at Lake Norris to its confluence with the Wekiva River, the Loxahatchee River from Riverbend Park downstream to Jonathan Dickinson State Park. e. The following state parks: John Pennekamp Coral Reef State Park, Lignum Vitae Key State Botanical Site and Aquatic Preserve, Long Key State Park, Curry Hammock State Park, and Bahia Honda State Park. f. Kings Bay/Crystal River/Homosassa/Salt River system (Citrus County) and canals connected to these waterways. g. Lake Miccosukee (located on the common boundary of Leon and Jefferson Counties). h.

Within the coastal lakes, their outfalls and/or the shore areas

between the lakes and the Gulf of Mexico as depicted on the attached map (Attachment 1). 3

i. Elkhorn coral (Acropora palmata) and Staghorn coral (Acropora cervicornis) designated critical habitat (Attachment 2). j . Areas on or contiguous to ocean beaches. k. Smalltooth sawfish limited exclusion zones (Attachment 3). 5. Timucuan Ecological and Historical Preserve: No structures shall be authorized by SAJ-20 within the boundaries of the Timucuan Ecological and Historical Preserve (Duval County) until the National Park Service has been contacted and offered the opportunity to submit comments to the Corps on the effects of the proposed project on the preserve. 6. This RGP has undergone consultation with U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) in accordance with Section 7, Endangered Species Act, on Federally listed species and designated critical habitat within their purview (Attachment 4). If the proposed activity requires additional consultation under the Endangered Species Act with the FWS and/or NMFS on: 1) these or any other federally listed threatened or endangered species or species proposed for Federal listing; or 2) designated critical habitat or proposed designated critical habitat for these or any other federally listed threatened or endangered species, or proposed species, then, until consultation is reinitiated and concluded, and the agency determines that the activity will not jeopardize the continued existence or adversely modify critical habitat, the proposed activity cannot be authorized under this RGP. 7. Prior to verification of authorization, the dichotomous key titled, "The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, March 2011," (see http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) will be used to determine potential manatee impacts. Those determined to be a "may affect" to the manatee will not be authorized unless consistent with the 2011 Manatee Programmatic Consultation or individual consultation on the project is required and has been reinitiated and concluded with the U.S. Fish and Wildlife Service in accordance with the Endangered Species Act. Additionally, depending on the location of the project, some projects determined to be "may affect, not likely to adversely affect" will not be authorized until consultation on the project has been concluded. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of the permit application. 8. For projects in waters accessible to manatees, the Permittee will utilize the "Standard Manatee Conditions for In-Water Work, 2011" (see http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) and/or 4

requirements, as appropriate for the proposed activity. Note: The manatee conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application. 9. For projects in waters accessible to sea turtles, smalltooth sawfish, Gulf sturgeon, Atlantic sturgeon, or shortnose sturgeon, the Permittee shall comply with the Project Design Criteria (PDC) for In-Water Activities (Attachment 5) and PDC for In-Water Noise from Pile and Sheet Pile Installation (Attachment 6). Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application. 10. The Permittee shall adhere to the NOAA Fisheries Service Vessel Strike Avoidance Measures and Reporting /or Mariners (Attachment 7) (see http://www. saj. usace.army .mil/Missions/Regulatory/SourceBook.aspx). 11. In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized until consultation has been concluded with the U.S. Fish and Wildlife Service (USFWS): American crocodile designated critical habitat; Gulf sturgeon designated critical habitat under the jurisdictional responsibility of the USFWS; within the designated critical habitat for federally listed freshwater mussels, and freshwater mussels proposed for listing consisting of the following drainages: Within the main stem, creeks, and tributaries of the following rivers: Escambia (Escambia and Santa Rosa Counties), Yellow (Santa Rosa, Okaloosa, and Walton Counties), Choctawhatchee (Walton, Bay, Washington), Chipola (Jackson, Calhoun, and Gulf Counties), Apalachicola (Jackson, Calhoun, Gadsden, Liberty, Gulf, and Franklin Counties), Ochlockonee (Franklin, Wakulla, Liberty, Leon, and Gadsden Counties), Santa Fe and New (Columbia, Suwannee, Bradford, Baker, Union, Gilchrist, and Alachua Counties), and Econfina Creek and its tributaries (Bay and Washington Counties).. 12. Projects proposing installation of any size of metal piling or metal sheet piling by impact hammer cannot be authorized under SAJ-20 until individual consultation has been initiated and concluded with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, as appropriate. 13. For projects located in Gulf Sturgeon Critical Habitat Migratory Restriction Zones, the permittee shall comply with the PDCs specific to the Gulf Sturgeon Critical Habitat Migratory Restriction Zones (Attachment 8). 14. No work shall be authorized which causes adverse impact to hard or soft corals, hardbottom or other essential features within staghorn or elkhorn coral designated critical habitat. Essential features are natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover. Projects 5

must comply with the PDCs specific to Mangroves, Seagrasses, Corals and Hard Bottom for All Projects (Attachment 9). 15. The permittee agrees to comply with the PDCs for the proposed work in accordance with the National Marine Fisheries Service's (NMFS) Biological Opinion referred to as JaxBO, issued November 20, 2017. These PDCs are made conditions of this RGP. Failure to comply with these conditions could result in enforcement action by the Corps and/or NMFS. 16. No work shall be authorized by SAJ-20 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to mangroves, estuarine emergent vegetation, marine emergent vegetation, and/or the following species of submerged aquatic vegetation: shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), Johnson's seagrass (Halophila johnsonii ), sago pondweed (Potamogeton pectinatus ), clasping-leaved pondweed (Potamogeton perfoliatus ), widgeon grass (Ruppia maritima), manatee grass (Syringodium jiliforme ), turtle grass ( Thalassia testudinum), tapegrass ( Vallisneria americana), horned pondweed (Zannichellia palustris ), and eel grass (Zostera marina). Indirect effects include secondary and cumulative effects. In addition, the project cannot have adverse effects on any other essential fish habitat. 17. Adverse impacts to aquatic vegetation from dock construction shall be avoided by adherence to the attached 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 (SA V), Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service - August 2001" (See http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx). Note: The Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of the technical tool will be utilized during the evaluation of the permit application. 18. Installation of pier/dock facilities and minor structures: (1) within Johnson's seagrass critical habitat; (2) within the range of Johnson's seagrass1, but outside of Johnson's seagrass critical habitat; and (3) outside of both the range and critical habitat for Johnson's seagrass. Must follow PDC for PDCs Specific to Activity 2 - PileSupported Structures and Anchored Buoys (Attachment 10). 19. This permit does not authorize dredging or the removal of red mangrove (Rhizophora mangle). 20. For projects proposed adjacent to Federally-maintained channels, no structure, including mooring piles, authorized under this regional general permit shall be 1

The range of Johnson's seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida 6

within the established setback. The setback is normally 100 feet in the various Intracoastal Waterways but may vary in a few specific reaches as well as in other Federal channels. Exact locations of the proposed structures relative to the channel may need to be verified by use of the Florida State Plane (x, y) Coordinate System, calculated from the near-bottom edge of the Federal channel. Any activity within Federal rights-of-way will require the Permittee to enter into a consent-toeasement 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. 21. Assurance of Navigation and Maintenance: For projects authorized under the SAJ-20 in navigable waters of the United States, the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. A structure authorized under this regional general permit must not interfere with general navigation. 22. No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the Permittee's expense on authorized facilities in navigable waters of the United States. 23. To maintain no less than 50% of the open-water portion of the waterbody available for public use, structures constructed on canals or channels must not extend more than 25% of the canal/channel width, excluding dense areas of shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline. 24. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect, impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, 7

human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps within two calendar days. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on nonfederal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. 25. Marked Utilities: No work shall be performed until after the Permittee provides notification to the owner(s) or operator(s) of any marked utilities in the area of the structure. 26. Turbidity control measures may be required, and the work must be conducted so as to prevent violations of State Water Quality Standards as established in sections 62-4.242 and 62-4.244 of the Florida Administrative Code and Chapters 62-302, 62-520, 62-522, and 62-550 of the Florida Administrative Code. 27. Activities authorized under this general permit shall not impede navigation or affect flood control. 28. Water Quality Certification (WQC) or waiver thereto, and Coastal Zone 8

Consistency (CZCC): Activities qualifying for this regional general permit (RGP) must be authorized by the applicable permit or exemption under Part IV of Chapter 373, F.S., and by any authorization required to use or occupy state-owned submerged lands (SSL) under Chapter 253, F.S., and, as applicable Chapter 258 F.S. Such permit, issued by the Department of Environmental Protection, a water management district under s. 373.069, F.S., or a local government with delegated authority under s. 373.441, F.S., will provide the applicable WQC or waiver thereto, and CZCC. WQC is waived for activities authorized under this RGP that qualify for an exemption under s. 403.813(1)(i) or 373.406, F.S., or the rules of Florida Administrative Code (F.A.C.) adopted under Part IV of Chapter 373, F.S. The Corps under C.F.R. § 325.2(b)(2) may presume CZCC for the above exempt activities by operation of s. 380.23(7), F.S., provided the activity receives the applicable authorization to use and occupy SSL under Chapter 253, F.S., and, as applicable, Chapter 258, F.S., and the rules F.A.C. adopted thereunder. The Corps shall not be precluded from acting on a request to use this RGP before the applicable SSL authorization is granted. 29. State-listed fish or wildlife species: This authorization does not include conditions that would prevent the 'take' of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. 30. Conformance with the descriptions and criteria contained herein does not necessarily guarantee authorization under this regional general permit. The District Engineer reserves the right to require that any request for authorization under this regional general permit be processed as a standard permit. 31. Expiration Date: This RGP will be valid for a period of five years from the date specified above unless suspended or revoked by the District Engineer prior to that date. If SAJ-20 expires or is revoked prior to completion of the authorized work, authorization of activities that have commenced or are under contract to commence in reliance on SAJ-20 will remain in effect provided the activity is completed within 12 months of the date SAJ-20 expired or was revoked. 32. The Permittee shall perform all work in accordance with the general permit 9

conditions attached hereto and made a part of this permit (Attachment 11). ************************************************************************************************ AVOIDANCE AND MINIMIZATION: No fill in wetlands is proposed with this RGP. COMPENSATORY MITIGATION: No activities would be authorized in wetlands. Due to the minor nature of impacts, and no impacts to wetlands, no compensatory mitigation will be required for the proposed activities. IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area. ARCHAEOLOGICAL AND CULTURAL RESOURCES: The activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have "No Potential to Cause Effect". By copy of this public notice, the Corps is providing information to the State and Tribes for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized Tribes with concerns in Florida and the Permit Area. ESSENTIAL FISH HABITAT: This letter serves as a request for consultation with the National Marine Fisheries Service ­ Habitat Conservation Division on Essential Fish Habitat as required under the Magnuson-Stevens Fishery Conservation and Management Act. The Corps has determined that with adherence to the terms and conditions outlined above, that the list of minor activities covered by this PGP would have only minimal adverse impact on EFH and/or Federally managed fisheries under NMFS' purview. THREATENED AND ENDANGERED SPECIES: This RGP will be coordinated via separate letter with the U.S. Fish and Wildlife Service for effects on listed species and designated critical habitat as required under the Endangered Species Act (ESA). This RGP includes certain conditions for compliance with the National Marine Fisheries Service (NMFS), Protected Resources Division Biological Opinion for listed species and designated critical habitat within the State of Florida and the Antilles, referred to as JaxBO. AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the State of Florida through either the Department of Environmental Protection and/or one of the state Water Management Districts.

10

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest. The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing. RESPONSE: Comments regarding this proposed reissuance of RGP SAJ-20 should be submitted in writing to Tracey Wheeler at the letterhead address or electronic mail at Tracey.L.Wheeler@usace.army.mil within 30 days from the date of this notice. If no adverse comments are received, the permit will be reissued without further notice.

11

Regional General Permit SAJ-20 Attachment 1.

Florida Panhandle Coasta l Dune Lakes

Regional General Permit SAJ-20 Attachment 2.

Attachment 3. Smalltooth sawfish limited exclusion zones

The locations of very small juveniles shown as red dots (©2012 Google; red dots based on the National Sawfish Encounter Database, May 2011) .

Name Latitude U.S. 41 Brid!!:es (the area between the following: coordinates) 26.660413°N U.S.41 NW 26.666827°N U.S. 41 NE 26.642991°N U.S. 41 SW 26.649405°N U.S. 41 SE Iona Cove (the area between the following: coordinates) 26.521437°N ICNW 26.521212°N IC NE ICSW 26.511762°N 26.511537°N ICSE Glover Bil!:ht (the area between the following: coordinates) 26.542971°N GBNW 26.542678°N GBNE GB SW 26.529478°N 26.529185°N GBSE Cape Coral (the area between the following: coordinates) 26.551662°N cc 1 26.551561°N CC2 26.539075°N CC3 CC4 26.539205°N 26.542181°N CC5 26.542133°N CC6

Lonl!'itude 81.885243°W 81.872966°W 81.873880°W 81.861605°W 81.991586°W 81.976191°W 81.991762°W 81.976368°W 81.997791°W 81.977745°W 81.998035°W 81.977992°W 81.947412°W 81.940683°W 81.940916°W 81.951049°W 81.951047°W 81.947776°W

Attachment 4 Federally Listed Species in Florida Consultation for Regional General Permit SAJ-20 Private Single-family Docks/Piers and Minor Structures in Florida Finding

Agency

Status

NE

FWS

E

Bat, Grey (Myotis grisescens)

NE

FWS

E

Bat, Florida Bonneted (Eumops floridanus)

NE

FWS

E

Deer, Key (Odocoileus virginianus clavium)

MANLAA

FWS*

E

Manatee, West Indian (Trichechus manatus)

NE

FWS

E

Mouse, Anastasia Island Beach (Peromyscus polionotus phasma)

NE

FWS*

E

Mouse, Choctawhatchee Beach (Peromyscus polionotus al/ophrys)

NE

FWS

E

Mouse, Key Largo Cotton (Peromyscus gossypinus al/apaticola)

NE

FWS*

E

Mouse, Perdido Key Beach (Peromyscus polionotus trissyllepsis)

NE

FWS

T

Mouse, Southeastern Beach (Peromyscus po/ionotus niveiventris)

NE

FWS*

E

Mouse, St. Andrew Beach (Peromyscus po/ionotus peninsularis)

NE

FWS

E

Panther, Florida (Puma conco/or coryi)

NE

FWS

E

Rabbit, Lower Keys Marsh (Sylvilagus palustris hefneri)

NE

FWS*

E

Rice Rat (Lower FL Keys) (Oryzomys palustris natator)

NE

FWS

E

Vole, Florida Salt Marsh (Microtus pennsylvanicus dukecampbelli)

NE

NMFS

E

Whale, Blue (Balaenoptera musculus)

NE

NMFS

E

Whale, Finback (Balaenoptera physalus)

NE

NMFS

E

Whale, Humpback (Megaptera novaeangliae)

NE

NMFS*

E

Whale, Right (Eubalaena g/acialis)

NE

NMFS

E

Whale, Sei (Balaenoptera borealis)

Species Listing MAMMALS

NE

NMFS

E

Whale, Sperm (Physeter macrocephalus)

NE

FWS

E

Wolf, Red (Canis rufus)

NE

FWS

E

Woodrat, Key Largo (Neotoma f/oridana smalli)

Finding

Agency

Status

NE

FWS

T

Caracara, Audubon's Crested (Polyborus plancus audubonii)

NE

FWS

T

Jay, Florida Scrub (Aphe/ocoma coerulescens)

NE

FWS*

E

Kite, Everglade Snail (Rostrhamus sociabilis plumbeus)

NE

FWS*

T

Plover, Piping (Charadrius me/odus)

NE

FWS

T

Rufus red knot (Calidris canutus rufa)

NE

FWS

E

Sparrow, Cape Sable Seaside (Ammodramus(=Ammospiza) maritimus mirabilis)

NE

FWS

E

Sparrow, Florida Grasshopper (Ammodramus savannarum floridanus)

NE

FWS

E

Stork, Wood (Mycteria americana)

NE

FWS

T

Tern, Roseate (Stema dougallii dougallii)

NE

FWS

E

Warbler, Bachman's (Vermivora bachmanii)

NE

FWS

E

Warbler, Kirtland's (Dendroica kirt/andii)

NE

FWS

E

Woodpecker, Red-cockaded (Picoides borealis)

Finding

Agency

Status

NE

FWS*

T

Crocodile, American (Crocodylus acutus)

NE

FWS*

T

Salamander, Frosted Flatwoods (Ambystoma cingulatum)

BIRDS

REPTILES & AMPHIBIANS

REPTILES & AMPHIBIANS continued Finding NE

Agency FWS*

Status E

E

Species Listing Salamander, Reticulated Flatwoods (Ambystoma bishopi)

NMFS/FWS NMFS/FWS

E

Sea Turtle, Green (Chelonia mydas) Sea Turtle, Hawksbill (Eretmochelys imbricata)

MANLAA NMFS/FWS MANLAA

NMFS/FWS

E

Sea Turtle, Kemp's ridley (Lepidochelys kempii)

NMFS/FWS

E

Sea turtle, Leatherback (Dermoche/ys coriacea)

MNALAA

NMFS/FWS

E

Sea Turtle, Loggerhead (Caretta caretta)

NE

FWS

T

Skink, Bluetail Mole (Eumeces egregius lividus)

NE

FWS

T

Skink, Sand (Neoseps reynoldsi)

NE

FWS

T

Snake, Atlantic Salt Marsh (Nerodia clarkii taeniata)

NE

FWS

T

Snake, Eastern Indigo (Drymarchon corais couperi)

MANLAA MANLAA

FISH Finding

Agency

Status

NE

FWS

T

Darter, Okaloosa (Etheostoma okaloosae)

Species Listing

MANLAA

NMFS

E

Sawfish, Smalltooth (Pristis pectinata)

MANLAA

NMFS/FWS*

T

Sturgeon, Gulf (Acipenser oxyrinchus desotoi)

MANLAA

NMFS

E

Sturgeon, Shortnose (Acipenser brevirostrum)

MANLAA

NMFS

E

Sturgeon, Atlantic (Acipenser oxyrinchus oxyrinchus)

Finding

Agency

Status

MANLAA

FWS*

T

Bankclimber, Purple (Elliptoideus sloatianus)

MANLAA

FWS*

E

Bean, Choctaw (Villosa choctawensis)

NE

FWS

E

Butterfly, Schaus Swallowtail (Heraclides aristodemus ponceanus)

NE

NMFS*

T

Coral, E khorn (Acropora palmata)

NE

NMFS*

T

Coral, Staghorn (Acropora cervicomis)

MANLAA

FWS*

E

Ebonyshell, Round (Fosconaia rotulata)

MANLAA

FWS*

E

Kidneyshell, Southern (Pfychobranchus jonest)

MANLAA

FWS*

E

Moccasinshell, Gulf (Medionidus penicillatus)

MANLAA

FWS

E

Moccasinshell, Suwanee (Medionidus wa keri)

MANLAA

FWS*

E

Moccasinshell, Ochlockonee (Medionidus simpsonianus)

MANLAA

FWS*

T

Pigtoe, Tapered (Fusconaia burket)

MANLAA

FWS*

T

Pigtoe, Narrow (Fusconaia Escambia)

MANLAA

FWS*

E

Pigtoe, Oval (Pleurobema pyriforme)

MANLAA

FWS*

T

Pigtoe, Fuzzy (Pleurobema strodeanum)

MANLAA

FWS*

E

Pocketbook, Shinyrayed (Lampsilis subangu/ata)

MANLAA

FWS*

T

Sandshell, Southern (Hamiota australis)

NE

FWS

T

Shrimp, Squirrel Chimney Cave (Palaemonetes cummingi)

MANLAA

FWS*

T

Slabshell, Chipola (Elliptio chipo/aensis)

NE

FWS

T

Snail, Stock Island Tree (Orthalicus reses)

MANLAA

FWS*

E

Three-ridge, Fat (Amblema neislerii)

Finding

Agency

Status

NE

FWS

E

Beargrass, Britten's (Nolina brittoniana)

NE

FWS

E

Beauty, Harper's (Harperoca/lis flava)

NE

FWS

E

Bellflower, Brooksville (Campanula robinsiae)

NE

FWS

T

Birds-in-a-nest, White (Macbridea alba)

INVERTEBRATES Species Listing

PLANTS Species Listing

PLANTS continued Finding NE

Agency FWS

Status E

NE

FWS

T

Bonamia, Florida (Bonamia grandiflora)

NE

FWS

T

Buckwheat, Scrub (Eriogonum /ongifolium gnaphalifolium)

NE

FWS

T

Butterwort, Godfrey's (Pinguicu/a ionantha)

NE

FWS

E

Cactus, Key tree (Pilosocereus robinii)

NE

FWS

E

Campion, Fringed (Silene polypetala)

NE

FWS

E

Chaffseed, American (Schwalbea americana)

NE

FWS

E

Cladonia, Florida Perforate (Cladonia perforata)

NE

FWS

E

Fringe-tree, Pygmy (Chionanthus pygmaeus)

NE

FWS

T

Gooseberry, Miccosukee (Ribes echinel/um)

NE

FWS

E

Gourd, Okeechobee (Cucurbita okeechobeensis okeechobeensis)

NE

FWS

E

Harebells, Avon Park (Crotalaria avonensis)

NE

FWS

E

Hypericum, Highlands Scrub (Hypericum cumulicola)

NE

FWS

E

Jacquemontia, Beach (Jacquemontia reclinata)

NE

FWS

E

Lead-plant, Crenulate (Amorpha crenulata)

NE

FWS

E

Lupine, Scrub (Lupinus aridorum)

NE

FWS

E

Meadowrue, Cooley's (Tha/ictrum cooleyi)

NE

FWS

E

Milkpea, Small's (Ga/actia smal/ii)

Species Listing Blazingstar, Scrub (Liatris ohlingerae)

NE

FWS

E

Mint, Garrett's (Dicerandra christmanii)

NE

FWS

E

Mint, Lakela's (Dicerandra immacu/ata)

NE

FWS

E

Mint, Longspurred (Dicerandra comutissima)

NE

FWS

E

Mint, Scrub (Dicerandra frutescens)

NE

FWS

E

Mustard, Carter's (Warea carteri)

NE

FWS

E

Pawpaw, Beautiful (Deeringothamnus pu/che/lus)

NE

FWS

E

Pawpaw, Four-petal (Asimina tetramera)

NE

FWS

E

Pawpaw, Rugel's (Deeringothamnus rugelii)

NE

FWS

T

Pigeon Wings (Clitoria fragrans)

NE

FWS

E

Pinkroot, Gentian (Spigelia gentianoides)

NE

FWS

E

Plum, Scrub (Prunus geniculata)

NE

FWS

E

Polygala, Lewton's (Po/yga/a lewtonii)

NE

FWS

E

Polygala, Tiny (Polygala smallii)

NE

FWS

E

Prickly-apple, fragrant (Cereus eriophorus fragrans)

NE

FWS

E

Rhododendron, Chapman (Rhododendron chapmanii)

NE

FWS

E

Rosemary, Apalachicola (Conradina glabra)

NE

FWS

E

Rosemary, Etonia (Conradina etonia)

NE

FWS

E

Rosemary, Short-leaved (Conradina brevifolia)

NE

FWS

E

Sandlace (Po/ygone/la myriophylla)

MANLAA

NMFS

T

Seagrass, Johnson's (Halophila johnsonii)

NE

FWS

T

Skullcap, Florida (Scutellaria floridana)

NE

FWS

E

Snakeroot (Eryngium cuneifolium)

NE

FWS

E

Spurge, Deltoid (Chamaesyce deltoidea deltoidea)

NE

FWS

T

Spurge, Garber's (Chamaesyce garberi)

NE

FWS

T

Spurge, Telephus (Euphorbia telephioides)

2

PLANTS continued Finding

Agency

Status

Species Listing Torreya, Florida (Torreya taxifolia goveniana)

NE

FWS

E

NE

FWS

E

Warea, Wide-leaf (Warea amplexifolia)

NE

FWS

E

Water-willow, Cooley's (Justicia cooleyi)

NE

FWS

T

Whitlow-wort, Papery (Paronychia chartacea)

NE

FWS

E

Wireweed (Polygonel/a basiramia)

NE

FWS

E

Ziziphus, Florida (Ziziphus celata)

Endangered (E), Threatened (T), Candidate Species (C), U.S. Fish & Wildlife Service (FWS), National Marine Fisheries Service (NMFS), No Effect (NE), May Affect Not Likely to Adversely Affect (MANLAA), Likely to Adversely Affect (LAA) *Finding also applies to Designated Critical Habitat 1 - LAA for Smalltooth sawfish Designated Critical Habitat 2 - LAA for Johnson's seagrass Designated Critical Habitat

Project Design Criteria (PDCs) for In-Water Activities AP.7. Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index. html AP.8. Reporting Interactions with Protected Species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to: takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. . b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email: Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 91 (1-844-788-7491) or email: nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. AP.9. Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment: i) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible.

b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike

Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits.

AP.10. Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species' entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i. Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii. The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cable

line). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. AP.11.Entanglement: All turbidity curtains and other in-water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species.

a) In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains)

must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in-water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area.

Project Design Criteria (PDCs) for In-Water Noise from Pile and Sheet Pile Installation Open Water The letters A-E in the tables below specify the PDC category. Activities labeled A-D must follow the corresponding PDCs for labeled Category A-D below. Activities labeled E are excluded from this Opinion, as stated in Category E below. Trenc Pilot hole Impact Jetting Vibratory h and (auger or hamme Wood piles 14-inch (in) diameter or less when installed via impact A A A A B hammer and 36-in or less for all other installation methods Concrete pile 24-in A A A A B diameter/width or less in open Metal pipe pile 36-in diameter A A A A E or less 2 metal boatlift I-beams A A A A B Concrete slab wall- any size A A A A B Vinyl sheet pile- any size A A A A B Metal sheet pile- any size A A A A E Confined Space In Florida, we consider the confined space to be any area that has a solid object (e.g., shorelines or seawalls) within 150 ft of the pile installation site and in the U.S. Caribbean we consider confined space to be any area that has a solid object within 260 ft of the pile installation site. Trenc Pilot hole Impact Jetting Vibratory h and (auger or hamme Wood pile 14-in diameter or less when installed via impact A A A A B hammer and 36-in or less for all other installation methods Concrete pile 24-in A A A A C diameter/width or less (5 piles Concrete pile 24-in A A A A D diameter/width or less (6-10 Metal pipe pile 36-in diameter A A A A E or less 2 metal boatlift I-beams A A A A B Vinyl sheet pile ­ any size A A A A B Concrete slab wall- any size A A A A C (5 slabs or less Concrete slab wall- any size A A A A D (6-10 slabs installed/day) Metal sheet pile- any size A A A A E

A. The Projects identified as A above must comply with PDCs identified for all projects in this Opinion. Specific PDCs related to noise include:

1. All work must occur during daylight hours only (PDC AP.6). 2. All construction personnel are responsible for observing water-related activities to detect the presence of these species and avoid them (PDC AP.7).

B. The projects identified as B above must follow all of the conditions under A,

above, AND also must limit the maximum number of piles installed per day to no more than 10 piles per day.

C. The projects identified as C above must follow all of the conditions under A,

above, AND also must limit the maximum number of piles installed per day to no more than 5 piles per day.

D. The projects identified as D above must follow all of the conditions under A and

B, above, AND also must abide by one of the noise abatement measures below, as chosen by the applicant:

1. Bubble curtain: The bubble curtain design must adhere to the guidelines for unconfined and confined bubble curtains described in Appendix B.

2. Temporary noise attenuation pile (TNAP) also known as a pile isolation casing: The

TNAP design must be constructed of a double-walled tubular casing (a casing within a larger casing), with at least a 5-in-wide area between the casings that is dewatered to create a hollow space or 5-in wide area between the casings completely filled with closed-cell foam or other noise dampening material between the walls. The TNAP must be long enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend at least 3 ft above the surface of the water.

3. The use of any other alternative noise control method must receive prior approval by NMFS and the USACE, as described in Section 2.3.

E. The projects identified as E are not covered under this Opinion.

Vessel Strike Avoidance Measures and Reporting for Mariners NOAA Fisheries Service, Southeast Region Background The National Marine Fisheries Service (NMFS) has determined that collisions with vessels can injure or kill protected species (e.g., endangered and threatened species, and marine mammals). The following standard measures should be implemented to reduce the risk associated with vessel strikes or disturbance of these protected species to discountable levels. NMFS should be contacted to identify any additional conservation and recovery issues of concern, and to assist in the development of measures that may be necessary. Protected Species Identification Training Vessel crews should use an Atlantic and Gulf of Mexico reference guide that helps identify protected species that might be encountered in U.S. waters of the Atlantic Ocean, including the Caribbean Sea, and Gulf of Mexico. Additional training should be provided regarding information and resources available regarding federal laws and regulations for protected species, ship strike information, critical habitat, migratory routes and seasonal abundance, and recent sightings of protected species. Vessel Strike Avoidance In order to avoid causing injury or death to marine mammals and sea turtles the following measures should be taken when consistent with safe navigation: 1. Vessel operators and crews shall maintain a vigilant watch for marine mammals and sea turtles to avoid striking sighted protected species. 2. When whales are sighted, maintain a distance of 100 yards or greater between the whale and the vessel. 3. When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50 yards or greater between the animal and the vessel whenever possible. 4. When small cetaceans are sighted while a vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until the cetacean has left the area. 5. Reduce vessel speed to 10 knots or less when mother/calf pairs, groups, or large assemblages of cetaceans are observed near an underway vessel, when safety permits. A single cetacean at the surface may indicate the presence of submerged animals in the vicinity; therefore, prudent precautionary measures should always be exercised. The vessel shall attempt to route around the animals, maintaining a minimum distance of 100 yards whenever possible. NMFS Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners; revised February 2008.

6. Whales may surface in unpredictable locations or approach slowly moving vessels. When an animal is sighted in the vessel's path or in close proximity to a moving vessel and when safety permits, reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area. Additional Requirements for the North Atlantic Right Whale 1. If a sighted whale is believed to be a North Atlantic right whale, federal regulation requires a minimum distance of 500 yards be maintained from the animal (50 CFR 224.103 (c)). 2. Vessels entering North Atlantic right whale critical habitat are required to report into the Mandatory Ship Reporting System. 3. Mariners shall check with various communication media for general information regarding avoiding ship strikes and specific information regarding North Atlantic right whale sighting locations. These include NOAA weather radio, U.S. Coast Guard NAVTEX broadcasts, and Notices to Mariners. Commercial mariners calling on United States ports should view the most recent version of the NOAA/USCG produced training CD entitled "A Prudent Mariner's Guide to Right Whale Protection" (contact the NMFS Southeast Region, Protected Resources Division for more information regarding the CD). 4. Injured, dead, or entangled right whales should be immediately reported to the U.S. Coast Guard via VHF Channel 16. Injured or Dead Protected Species Reporting Vessel crews shall report sightings of any injured or dead protected species immediately, regardless of whether the injury or death is caused by your vessel. Report marine mammals to the Southeast U.S. Stranding Hotline: 877-433-8299 Report sea turtles to the NMFS Southeast Regional Office: 727-824-5312 If the injury or death of a marine mammal was caused by a collision with your vessel, responsible parties shall remain available to assist the respective salvage and stranding network as needed. NMFS' Southeast Regional Office shall be immediately notified of the strike by email (takereport.nmfsser@noaa.gov) using the attached vessel strike reporting form. For additional information, please contact the Protected Resources Division at: NOAA Fisheries Service Southeast Regional Office th

263 13 Avenue South St. Petersburg, FL 33701 Tel: (727) 824-5312 Visit us on the web at http://sero.nmfs.noaa.gov NMFS Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners; revised February 2008.

Project Design Criteria (PDCs) for Gulf Sturgeon Critical Habitat Migratory Restriction Zones 1. This Opinion does not apply to the placement of living shoreline, oyster reef, and artificial reef materials (Activity 7, PDC A7.26) and temporary platform, fill, and cofferdams (Activity 10, PDC A10.11) in Gulf sturgeon critical habitat migratory restriction zones. 2. This Opinion does not apply to new transmission and utility line installation in the Gulf sturgeon critical habitat migratory restriction zones between September and March, when sturgeon are likely to be present in these areas. Emergency repair/replacement of transmission and utility lines may occur in these areas during this time frame if the work is conducted without the use of heavy in-water equipment (e.g., dredging equipment) (Activity 8, PDC A8.10). 3. This Opinion does not apply to the installation of metal piles and metal sheet piles by impact hammer in the areas identified as Gulf sturgeon critical habitat migratory restriction zones. 4. The allowable pile and sheet pile driving activities vary depending on the width of the project action area, as described below. 5. Areas that are 0-500 ft wide: In areas up to 500 ft wide, the allowable pile or sheet pile driving activities within the Gulf sturgeon critical habitat migratory restriction zones are: a. Creating a pilot hole for any type of pile using an auger or drop punch b. Trenching a shoreline with mechanical equipment to create a space to install any type of sheet pile and backfilling behind it c. Installing any type of piles and sheet piles by jetting. 6. Areas that are 501-1,400 ft wide: In areas over 500 ft wide, but less than 1,400 ft wide, the allowable pile or sheet pile driving activities within the Gulf sturgeon critical habitat migratory restriction zones are: a. The activities described in 1-3 above, and b. Installing any type of piles and sheet piles by vibratory hammer. 7. Areas over 1,401 ft wide: In areas 1,401 ft wide or wider, the allowable pile or sheet pile driving activities within the Gulf sturgeon critical habitat migratory restriction zones are: a. The activities described in 1-4 above, and b. Installing wood, vinyl, and concrete piles and sheet piles by impact hammer.

Project Design Criteria (PDCs) for Mangroves, Seagrasses, Corals and Hard Bottom for All Projects Note: For projects authorized in reliance on this Opinion only, the PDCs below supercede any other guidance documents otherwise applicable to reduce or avoid impacts to mangroves, seagrasses, and corals. This includes the NMFS's Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation, Marsh, or Mangrove Habitat dated August 2001, and NMFS's Key for Construction Conditions for Docks or Other Minor Structures Constructed in or over Johnson's Seagrass (Halophila johnsonii), dated October 2002. NMFS may still apply these guidance documents in other consultations, including consultations on Essential Fish Habitat under the Magnuson-Stevens Fishery Conservation and Management Act, as appropriate. AP.12. Mangroves: a) To qualify for coverage under this Opinion, all projects must be sited and designed to avoid or minimize impacts to mangroves. b) Mangrove removal must be conducted in a manner that avoids any unnecessary removal and is limited to the following instances: i. Removal to install up to a 4-ft-wide walkway for a dock. ii. Removal to install up to an 8-ft-wide walkway for public docks, where the walkway is necessary to address compliance with the Americans with Disability Act (ADA). iii. Removal to install culverts necessary to improve water quality or restore hydrology between 2 water bodies. Such mangrove removal is limited to a maximum of 20 linear feet (lin ft) of shoreline per culvert opening. iv. Removal of mangroves above mean high water (MHW) provided that the tree does not have any prop roots that extend into the water below the MHWL. c) Mangrove Trimming. Mangrove trimming is regulated by FDEP, Puerto Rico Department of Natural and Environmental Resources, and U.S. Virgin Islands Department of Planning and Natural Resources. Consistent with those authorities, when used in this Opinion, mangrove trimming refers to the removal (using hand equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of the trunk of the tree) in a manner that ensures survival of the tree. This Opinion does not limit or supersede any restrictions on mangrove removal required under any federal, state, or local law. i. This Opinion only covers projects with associated mangrove trimming occurring waterward of MHW if such trimming (1) occurs within the area where the authorized structures are placed or will be placed (e.g., removal of branches that overhang a dock), ii. (2) is necessary to provide temporary construction access, and (3) is conducted in a manner that avoids any unnecessary trimming.

iii.

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

AP.13. Seagrass: a) Pile-supported structures must follow the PDCs for Docks or Other Minor Structures (PDC A2.17, Section 2.2.2) Johnson's seagrass: b) This Opinion does not apply to projects where Johnson's seagrass is found within the project footprint except for: i. Installation of pile-supported structures that meet the PDCs for Docks or Other Minor Structures (PDC A2.17, Section 2.2.2). ii. Maintenance dredging of previously authorized areas. This is limited to the removal of no more than 0.1 acre (ac) (4,356 ft²) of Johnson's seagrass per year (Activity 3; see Section 2.2.3). iii. Transmission/utility line repairs within the same footprint of the lines being repaired (Activity 8; see Section 2.2.8). Non-listed seagrasses: a) All impacts to non-ESA listed native, non-invasive seagrasses should be avoided and minimized to the extent practicable. b) This Opinion does not apply to projects located within the geographic boundary of U.S. Caribbean sea turtle critical habitat (hawksbill, leatherback, and the NA DPS of green sea turtle critical habitat identified in Section 2.1.1.5) if non-ESA listed, native, non-invasive seagrasses are found within the project footprint. c) This Opinion does not apply to projects that may affect, directly or indirectly, ESAlisted corals. d) Projects occurring within in the Florida Keys National Marine Sanctuary (FKNMS) may require separate consultation or authorization from NOAA's FKNMS. Projects authorized to occur in the FKNMS shall comply with any measures NOAA FKNMS has developed to avoid, minimize, and/or mitigate any effects on non-listed corals. For projects occurring outside of the FKNMS, if non-listed corals are found within the project footprint, we recommend relocating all non-listed corals, when possible, in a manner that is protective of the corals.

AP.14. Coral and Hard Bottom Habitat: a) This Opinion does not apply to projects that may affect, directly or indirectly, ESAlisted corals. b) Projects occurring within in the Florida Keys National Marine Sanctuary (FKNMS) may require separate consultation or authorization from NOAA's FKNMS. Projects authorized to occur in the FKNMS shall comply with any measures NOAA FKNMS has developed to avoid, minimize, and/or mitigate any effects on non-listed corals. For projects occurring outside of the FKNMS, if non-listed corals are found within the project footprint, we recommend relocating all non-listed corals, when possible, in a manner that is protective of the corals. c) This Opinion does not apply to projects where hard bottom habitat is found within the project footprint, except for the temporary placement (up to 24 months) of scientific survey devices (Activity 5) that have a footprint of less than 1 square foot (ft2) per device and are installed in a manner that does not permanently alter the hardbottom (e.g., the devices are not installed by drilling). For this Opinion, we define hard bottom in 2 ways: i. Natural consolidated hard substrate that is suitable to support corals, coral larval settlement, reattachment and recruitment of asexual coral fragments. These areas of hard bottom or dead coral skeleton must be free from fleshy or turf macroalgae cover and sediment cover. ii. Nearshore and surf-zone, low-profile hard bottom outcroppings (e.g., wormrock reef [sabellariid worm reefs] and eolianite, granodiorite). This habitat can be persistent or ephemeral, cycling through periods of exposure and cover by sand. The range of this hard bottom habitat extends along the southeastern coast of Florida from Cape Canaveral to Miami-Dade County and in the U.S. Caribbean. It is an important developmental habitat for juvenile hawksbill and green sea turtles, which use it for both foraging and refuge.

Attachment 10: PDCs Specific to Activity 2 - Pile-Supported Structures and Anchored Buoys: A2.1. Activities covered by this Opinion include the installation, repair, replacement, and removal of structures as described below: A2.1.1. The pile-supported and anchored structures included in this Opinion are: docks and piers, boatlifts, mooring piles and dolphin piles associated with docks/piers; ATONs and PATONs; floating vessel platforms; pile-supported chickees (i.e., small, back-country, over-water, pile-supported, primitive camping shelters); boardwalks (as long as they are designed and clearly marked to prohibit fishing and vessel mooring); and other minor pile-supported structures. This does not include structures that support large commercial vessels including ferries, tankers, and cargo ships such as ferry terminals and large ports. A2.1.2. Pile-supported docks/piers for single-family residential lot are limited to 4 slips for motorized vessels. Slips for non-motorized vessels (e.g., kayak, canoe, and paddleboard) and associated launching areas do not count toward the total slip number. A2.1.3. Pile-supported structures for marinas, multi-family facilities (e.g., condo complexes, trailer parks, subdivisions when the homeowners association owns and controls the in-water structures). Docks and piers for multi-family residential properties (e.g., condos, trailer parks, apartment complexes), and marinas are limited to a maximum of 50 total slips (i.e., combination of wet and dry slips for existing plus proposed slips). . A2.1.4. Anchored buoys and temporary pile-supported structures associated with marine events. Upon completion of the event, these structures must be removed and, to the maximum extent practical, the site must be restored to pre-construction elevations. Water depths in the area of marine events must be deep enough to support at least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and ESA-listed coral colonies when transiting to the mooring areas. There is no limit on the number of vessel slips allowed for temporary structures associated marine events such as boat shows. A2.1.5. Mooring fields are limited to a maximum of 50 motorized vessels. A2.1.6. All pile-supported structures constructed must comply with PDC 2.17 for Docks or Other Minor Structures Constructed in Florida Under this Opinion (see below). The following PDCs apply to all the activities described in PDC A2.1 above: A2.2. For commercial, multi-family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_ signs/index.html). The signs required to be posted by area are stated below:

A2.2.1. All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. A2.2.2. Projects within the North Atlantic right whale educational sign zone (as defined in Section 2.1.1.4) shall post the Help Protect North Atlantic Right Whales sign. A2.2.3. On the east coast of Florida, projects located within the St. John's River and those occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line. A2.2.4. We are still developing the signs to be used in the U.S. Caribbean. Once developed, those signs will be included at the website above. A2.3. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in or ingestion of marine debris. Monofilament recycling bins must: A2.3.1. Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. A2.3.2. Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow. A2.4. For any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of North Atlantic right whale critical habitat (as measured in a radius from the center of the nearest inlet to open ocean and described in Section 2.1.1.4), the property owner will be provided a handout with their USACE permit describing the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales (Appendix C). A2.5. ATONs and PATONs must be approved by and installed in accordance with the requirements of the USCG (see 33 CFR, chapter I, subchapter C, part 66 and RHA Section 10 and any other pertinent requirements). A2.6. Chickees must be less than 500 ft² and support no more than 2 slips. A2.7. No activities associated with municipal or commercial fishing piers are covered under this Opinion. A2.8. Docks installed within visible distance of ocean beaches are required to comply with turtle-friendly lighting, if lighting is necessary to the project. Turtle-friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/

A2.9. Project construction will take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited. Additional PDCs for Activity 2 applicable in critical habitat:

In addition to the PDCs above, the project must be designed to meet the following PDCs if the project occurs in the critical habitat as described below.

A2.10. Acropora critical habitat and the U.S. Caribbean: This Opinion does not cover new and expanded pile-supported structures in Acropora critical habitat where the essential features are present. The distance from ATONs to ESA-listed corals and Acropora critical habitat shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom. A2.11. Gulf sturgeon critical habitat: Additional noise restrictions are required for pile and sheet pile installation in the Gulf sturgeon critical habitat migratory restriction zones defined in Section 2.1.1.2. The noise restrictions are described in that section. A2.12. Smalltooth sawfish critical habitat: This Opinion does not cover activities occurring in areas identified as smalltooth sawfish limited exclusion zones defined in Section 2.1.1.1. A2.13. North Atlantic right whale critical habitat: This Opinion does not cover installation of anchored ATONs and permanent buoys in North Atlantic right whale critical habitat; temporary buoys for marine events are allowed in North Atlantic right whale critical habitat. A2.14. Johnson's seagrass critical habitat: This Opinion does not cover new marinas or multifamily facilities in Johnson's seagrass critical habitat. Repair, replacement, and reconfiguration of existing marinas or multi-family facilities may be covered if it (1) occurs within same overall footprint (out to the perimeter of the facility, including the outer limits of the structure and permitted mooring locations), (2) does not increase the total aerial extent (i.e., area of coverage from the dock structures) of the existing facility, and (3) does not affect Johnson's seagrass. Mooring fields are allowed in Johnson's seagrass critical habitat and within the range of Johnson's seagrass so long as they occur in waters deeper than -13 ft (-4 m).

A2. l 5. NWA DPS of loggerhead sea tmt le critical habitat: ATONs (pile-suppo1t ed and anchored buoys) are allowed in nearshore reproductive habitat of the NWA DPS of loggerhead sea tmt les under this Opinion. No other pile-suppo1ted strnctures are allowed in nearshore reproductive habitat under this Opinion. A2. 16. U.S. Caribbean sea tmtle critical habitat (hawksbill, leatherback, and the N A DPS of green sea tmt le critical habitat): ATONs (pile-suppo1ted and anchored buoys) are allowed near sea tmt le nesting beaches under this Opinion. No other pile-suppo1ted strnctm·es are allowed near sea tmt le nesting beaches under this Opinion. A2.17. PDCs for Docks or Other Minor Structu res These PDCs address the anticipated dock constrnction scenarios expected within Florida and the U.S. Caribbean and provide NMFS PRD's constrnction guidelines for projects occmTing ( I) within Johnson 's seagrass critical habitat; (2) within the range of Johnson 's seagrass 1, but outside of Johnson ' s seagrass critical habitat; and (3) outside of both the range and critical habitat for Johnson ' s seagrass. These scenarios consider whether a seagrass survey was conducted for projects within the range of Johnson ' s seagrass or located in Johnson 's seagrass critical habitat. Surveys must be completed within 1 year prior to submittal of the application to the action agency for project authorization. There is no seasonal restriction for Johnson ' s seagrass surveys; however, Johnson 's seagrass is found w ithin the range of other seagrass species th at exhibit a seasonal pattern of growth and distribution. For comparison, NMFS Habitat Conservation Division 's recommended sampling window for non-listed species is June I to September 30 .

Dock Construction Scenarios Within the Range In the U.S. Caribbean and Florida (outside of of Johnson's seagrass the range and critical (outside of habitat of Johnson' s critical habitat) sea~ra ss) Dock replacement in the exact footprint (i.e., same location/confi2uration/ size) as the previous dock with . .. No native seagrass under A A A dock Johnson's seagrass under NIA B B dock Native seagrass, other than B A A Johnson's seagrass, under the dock Within Johnson' s sea grass critical habitat

1 The

range of Jolmson's seagrass is defined as Turkey Creek/Palm Bay south to centrnl Biscayne Bay in the lagoon systems on the east coast of Florida

No current seagrass survey B New docks or dock expansions with ...

B

No native seagrasses within prope1·cy lilllits Johnson's seagrass within property lilllits Native seagrass, other than Johnson's seagrass, within properfy lilllits No current seagrass survey A= No additional PDCs

B

A

B

B

NIA

B

A

A

B

B

A

A

A

B= Dock must meet PDCs below NIA = not applicable; Johnson's seagrass could not occur under the dock because the dock project is outside the range of Johnson's seagrass

Dock PDCs for Scenario B in the table above: 1. To avoid and minimize impacts to Johnson's seagrass and native, non-listed seagrasses to the maximum extent practicable: · The dock must be positioned to avoid and minimize effects to Johnson's seagrass · Over any ar ea that contains Johnson's seagrass or native, non-listed seagrasses, the dock shall be oriented in a n01th-south orientation to the maximum extent that is practicable to allow maximum sunlight under the structure. · If practicable, tenninal platfonns shall be placed in deep water, wate1ward of Johnson' s seagrass beds or native, non-listed seagrasses beds or in an area devoid of Johnson' s seagrass or native, non-listed seagrasses. · Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson' s seagrass to miniinize direct impacts. · Piles shall be installed in a manner that will not result in the fonnation of sedimentaiy deposits (e.g., donuts or halos) around the newly installed pilings. · No covered boat lifts are allowed over any Johnson's seagrass.

2. Decking options: Deck surfaces (parnllel with the water) that are located waterward of the MHWL must be constructed of grated materials or plank construction or a combination of the both methods (e.g. plank decking on the walkway and grated decking on the terminal platform). These decking options are described below:

Grated decking: · ·

Height requirement: The surface of the structure must be a minimum of 3 ft above MHW when constructed with grated decking. Size liinitations: The dock walkway (nanow portion connecting the terminal platfo1m to the shore) is liinited to a width of 4 ft. The terminal platform is liinited to a total

area of 160 ft². Marginal docks are limited to a width of 5 ft. Material description: Decking materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. These materials must provide a minimum of 43% open space.

Plank decking:

Height requirement: The surface of the structure must be a minimum of 5 ft above MHW when constructed of plank decking. Size limitations: The dock walkway (narrow portion connecting the terminal platform to the shore) is limited to a width of 4 ft. The terminal platform is limited to a total area of 120 ft². Marginal docks are limited to a width of 5 ft. Material description: Deck boards may be constructed of any material. Deck boards must be installed to provide a minimum of a 0.5-in gap between individual deck boards

GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on the dates identified in the letter. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit