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PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-14

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PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-14. SUB-AQUEOUS UTILITY AND TRANSMISSION LINES IN FLORIDA. The Jacksonville District is proposing reissuance and updates to RGP SAJ-14 (sub-aqueous utility and transmission lines 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. The RGP can be accessed at: http://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/.

PROPOSED ISSUANCE OF REGIONAL GENERAL PERMIT (RGP) SAJ-14

SUB-AQUEOUS UTILITY AND TRANSMISSION LINES IN FLORIDA

SAJ-2005-09981(RGP-MDZ)

The Jacksonville District is proposing reissuance and updates to RGP SAJ-14 (sub-aqueous utility and transmission lines 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.

PROPOSED WORK: Activities required for the installation, construction, maintenance, replacement, and repair of sub-aqueous utility and transmission lines; and, the outfall and intake structures associated with utility lines in all waters of the United States in the State of Florida (where the effluent from the outfall is authorized conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the Nation Pollution Discharge Elimination System program (Section 402 of the Clean Water Act). Authority is also given for the discharges associated with the construction, maintenance, replacement, and repair of substations; and, the access roads for the construction and maintenance of subaqueous utility and transmission lines in non-navigable waters of the United States in the State of Florida. A “utility/transmission line” is defined as any pipe or pipeline for the transportation of an gaseous, liquid, liquescent, or slurry substance, for an purpose, and any cable, line, wire, or optical fiber for the transmission for any purpose of electrical energy, telephone, telegraph message, digital signal, internet, and radio or television communication.

AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 404 of the Clean Water Act (33 U.S.C. § 1344)

WATERWAY AND LOCATION: All 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 sub-aqueous utility and transmission lines throughout the State of Florida. Reissuance of RGP SAJ-14 will serve to improve permitting efficiencies and reduce timeframes for authorization of sub-aqueous utility and transmission lines in Florida.

BACKGROUND: On December 20, 2013, the Corps reissued RGP SAJ-14 (SAJ-2005-09981) which authorizes the installation, construction, repair, replacement, and maintenance of subaqueous utility and transmission lines in the State of Florida.

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 RGP SAJ-14.

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. Description of Authorized Work: The work herein authorized includes activities required for the installation, construction, maintenance, replacement, and repair of subaqueous utility and transmission lines, outfall and intake structures associated with the utility line, substations, and access roads for the construction and maintenance of same.

2. Construction Plans: No work shall be performed until the applicant submits satisfactory plans for the proposed activity and receives written authorization from the District Engineer.

3. Exclusion Zones: No work shall be authorized by SAJ-14 in or under waters of the United States within the following areas:

a. Monroe County;

b. Timucuan Ecological and Historical Preserve (Duval County);

c. Biscayne Bay National Park Protection Zone (Miami-Dade County);

d. Guana Tolomato Matanzas National Estuarine Research Reserve (St. Johns and Flagler Counties);

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. The St. Lucie Impoundment (Martin County);

g. 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 Wekiva 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 Okeechobee Waterway between the St. Lucie Lock (Martin County) and the W.P. Franklin Lock (Lee County);

h. The coastal lakes, their outfalls, and/or the shore areas between the lakes and the Gulf of Mexico as depicted on the attached map (Figure 1);

i. Lake Miccosukee near Monticello (Jefferson County);

j. American crocodile (Crocodylus acutus) Critical Habitat;

k. Federally-maintained deep-draft navigation channels.

4. Threatened and Endangered Species Exclusion and Restriction Zones: In accordance with Section 7 of the Endangered Species Act, projects proposed within the following areas cannot be authorized unless separate, project-specific consultation has been concluded with the U.S. Fish and Wildlife Service (FWS) and/or the National Marine Fisheries Service (NMFS), as appropriate:

a. within ½ mile of an active red-cockaded woodpecker (Picoides borealis) colony site;

b. in the Atlantic Ocean or Gulf of Mexico or on or contiguous with the Atlantic Ocean or Gulf of Mexico beaches;

c. within Gulf sturgeon (Acipenser oxyrinchus desotoi) designated critical riverine habitat under the jurisdictional responsibility of the U.S. Fish and Wildlife Service;

d. Gulf Sturgeon (Acipenser oxyrinchus desotoi) critical habitat migratory restriction zones, Smalltooth Sawfish (Pristis pectinata) limited exclusion zones, Atlantic Sturgeon (Acipenser oxyrinchus) critical habitat exclusion zone, U.S. Caribbean sea turtle critical habitat restriction zones, or Bryde’s Whale exclusion zone, as defined in JAXBO (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx);

e. within the Florida panther (Puma concolor coryi) consultation area (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx); or,

f. within the areas that are habitat for federally-listed and proposed for listing freshwater mussels, which are the Escambia River, Yellow River, Choctawhatchee River, Chipola River, Apalachicola River, Ochlockonee River, Santa Fe and New Rivers, and Econfina Creek (Florida panhandle) and their creeks and tributaries.

5. NMFS Programmatic Biological Opinion Project Design Criteria (PDCs): Structures authorized under this RGP must satisfy the general PDCs applicable to all projects as well as all activity specific PDCs (attached) provided for all activities and structures as stated in the NMFS’ U.S. Army Corps of Engineers Jacksonville District Programmatic Biological Opinion, November 2017 (JAXBO). In accordance with the Endangered Species Act, the Corps will seek individual consultation with the NMFS for all projects that do not comply with the PDCs of JAXBO prior to verification. Please note that failure to comply with all project PDCs, where a take of listed species occurs, would constitute an unauthorized take, and noncompliance with this RGP. The NMFS is the appropriate authority to enforce the terms and conditions of JAXBO. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division internet webpage in the Endangered Species section of the Sourcebook located at: http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx Note: JAXBO 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.

6. Wood Stork Effect Determination Key: Prior to verification of authorization, the dichotomous key titled, The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office, and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008; or, as appropriate, The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office, and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx), will be used to determine potential affects upon wood stork (Mycteria americana). Those projects determined to be a “may affect” will not be authorized unless consistent with the Programmatic Consultation, or individual consultation on the project has been re-initiated and concluded with the FWS in accordance with the Endangered Species Act. Additionally, in accordance with the dichotomous key, some projects determined to be “may affect, not likely to adversely affect” will not be authorized until consultation on the project has been re-initiated and concluded with the FWS. Note: This 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.

7. Manatee Effect Determination Key: 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, April 2013 (http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx), will be used to determine potential impacts to manatee (Trichechus manatus). Those determined to be a “may affect” to the manatee will not be authorized unless consistent with the Programmatic Consultation or individual consultation on the project 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 re-initiated and 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. Manatee Construction Conditions: For projects in, over, and/or under waters accessible to manatees, the permittee will implement the Standard Manatee Conditions for In-Water Work, 2011 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) and/or requirements as appropriate for the proposed activity. 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.

9. Sea Turtle and Smalltooth Sawfish Construction Conditions: For projects in waters accessible to sea turtles, smalltooth sawfish (Pristis pectinata), Gulf sturgeon (Acipenser oxyrinchus desotoi), Atlantic sturgeon (Acipenser oxyrinchus), or shortnose sturgeon (Acipenser brevirostrum), the permittee will utilize the Sea Turtle and Smalltooth Sawfish Construction Conditions, March 23, 2006 (reference http://www.saj.usace.army.mil/Missions/Regulatory/index.htm) and/or requirements, as appropriate for the proposed activity. 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. Eastern Indigo Snake Effect Determination Key: Prior to verification of authorization, the dichotomous key titled, Eastern Indigo Snake Programmatic Effect Determination Key (South Florida), Revised August 1, 2017; or, as appropriate, Eastern Indigo Snake Programmatic Effect Determination Key (North Florida), August 12, 2013 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx), will be used to determine potential affects upon eastern indigo snakes (Drymarchon corais couperi). Those projects determined to be a “may affect” to eastern indigo snakes will not be authorized unless consistent with the Programmatic Consultation or individual consultation on the project has been re-initiated 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 re-initiated and concluded. Note: This 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. To ensure minimal impacts to eastern indigo snakes, for all projects proposed in eastern indigo snake habitat, the permittee shall implement the U.S. Fish and Wildlife Service’s Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013 (reference http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx).

11. Survey for Other Threatened and Endangered Species Under Purview of the FWS: Where a project is proposed in a county where any of the following species has been recorded, no authorization under SAJ-14 shall be given for any project until the applicant surveys the project site (project footprint and immediate adjacent areas which could be subject to indirect effects of the action such as project disturbance, habitat modification or loss, migration barrier, etc.) for their presence: (1) sand skink (Neoseps reynoldsi), bluetail mole skink (Eumeces egregius lividus), flatwoods salamander (Ambystoma sp.); Everglades snail kite (Rostrhamus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Audubon’s crested caracara (Polyborus plancus audubonii), Cape Sable seaside sparrow (Ammodramus (=Ammospiza) maritimus mirabilis), Highlands tiger beetle (Cicindela highlandensis), Miami blue butterfly (Cyclargus thomasi bethunebakeri), Schaus swallowtail butterfly (Heraclides aristodemus ponceanus); and, (2) any federally-listed plant species. The counties where these species are likely to be found are presented in Tables 1 and 2 (attached). If any of these species are found within the project site, no activities will be authorized until consultation on the project has been concluded with the FWS in accordance with the Endangered Species Act. Note: Even though Tables 1 and 2 are somewhat outdated they represent the most comprehensive species lists the Corps is able to obtain. For questions on any other species not on these Tables, please contact the appropriate FWS office, which has responsibility for the geographic area in which the project is proposed:

12. Additional Consultation with the FWS and NMFS: This permit will be the subject of consultation with the FWS and the NMFS on listed species and any designated critical habitat noted on Table 3 (attached). If the proposed activity requires additional Section 7 consultation under the ESA with the FWS and/or NMFS on: 1) these or any other federally-listed threatened or endangered species or a species proposed for such designation; or, 2) designated critical habitat for any federally-listed threatened or endangered species or habitat proposed to be designated as critical habitat for any federally-listed threatened or endangered species, until consultation is re-initiated and concluded, the proposed activity cannot be authorized under SAJ-14.

13. Essential Fish Habitat: No work shall be authorized by SAJ-14 which may have direct or indirect adverse impacts to essential fish habitat such as but not limited to hard or soft corals, including listed corals, 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 filiforme), turtle grass (Thalassia testudinum), tapegrass (Vallisneria americana), horned pondweed (Zannichellia palustris), and eel grass (Zostera marina). Indirect effects include secondary and cumulative effects. In addition, the project cannot have adverse effects on any other essential fish habitat.

14. Cultural Resources and/or Historic Properties:

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

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

c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO and the Corps.

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

e. In the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, all work in the vicinity shall immediately cease and the Permittee immediately notify the Corps. The Corps shall then notify the appropriate THPO(s) and SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager. After such notification, project activities on tribal lands shall not resume without written authorization from the appropriate THPO(s) and the Corps.

15. Notification of Unmarked 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 work area, unless the permittee is the same entity as the owner(s) or operator(s).

16. State Classified I and II Waters: No utility and/or transmission lines will be embedded in the bottom of State Class I or Class II waters or aquatic preserves.

17. Central and Southern Florida Canals: Subaqueous utility and aerial transmission line crossings, proposed in all Central and Southern Florida canals, with the exception of C-43, C-44, and Taylor Creek, will require project specific approval for compliance with 33USC408 from the U.S. Army Corps of Engineers prior to receiving authorization. Once, the project specific approval under 33USC408 has been received, and all other conditions of the permit have been met, a permit verification letter may be issued. Please contact the Project Manager identified in this verification letter for the POC on compliance/approval requirements under 33USC408.

18. Terms and Limits of Fill Material: The limits of discharge of dredged or fill material authorized by this RGP for the installation, construction, maintenance, replacement, and/or repair of subaqueous utility lines is as follows:

a. Subaqueous utility and transmission lines and outfall and related intake structures in all waters of the United States, excluding those areas listed in Special Condition 3 above, provided the discharge does not result in the permanent loss of greater than 1 acre of waters of the United States per 2-mile segment within waters of the United States. Note: Waters of the United States temporarily affected by filling, flooding, excavation, or drainage, where the project area is restored to preconstruction contours and elevation, are not included in the calculation of permanent loss of waters of the United States. This includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of the work. Where certain functions and values of waters of the United States are permanently adversely affected (e.g., the conversion of a forested wetland to an herbaceous wetland) mitigation will be required to reduce the adverse effects of the project to the minimal level.

b. Associated substations in non-tidal waters of the United States, excluding areas listed in Special Condition 3 above and all non-tidal wetlands adjacent to tidal waters, providing the discharge does not cause the permanent loss of greater than ½ acre of non-tidal waters of the United States.

c. Access roads in non-tidal waters of the United States, excluding areas listed in Special Condition 3 above and all non-tidal wetlands adjacent to tidal waters, for the construction and maintenance of subaqueous utility transmission lines and substations, provided the discharge does not result in the permanent loss of greater than 1 acre of waters of the United States per 2- mile segment within waters of the United States. Note: Access roads shall be the minimum width necessary. Access roads constructed under this permit shall be made of pervious materials such as sand, gravel, limestone, etc. Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the United States and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. Access roads used solely for construction of the overhead power line must be removed upon completion of the work and the area restored to preconstruction contours, elevations, and wetland conditions.

19. Sidecast Material: Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The District Engineer may extend the period of temporary side casting not to exceed a total of 180 days, where appropriate. The top 6- 12 inches of the trench should normally be backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a French drain effect). For example, utility line trenches can be backfilled with clay blocks to ensure that the trench does not drain the waters of the United States through which the utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody.

20. Removal of Excess Material: Dredged or fill material placed as backfill or bedding for subaqueous utility and transmission lines must not change the preconstruction bottom contours. Excess material must be moved to an upland disposal area.

21. Clean Fill Material: Fill material used with a project shall be limited to suitable, clean fill material, which excludes materials such as trash, debris, car bodies, asphalt, construction materials, concrete block with exposed reinforcement bars, and any soils contaminated with any toxic amounts (see Section 307 of the Clean Water Act).

22. Turbidity Controls: Turbidity control measures, including best management practices, shall be used throughout construction to control erosion and siltation to ensure there are no 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. Reduction and/or elimination of turbid water conditions and the erosion of disturbed or filled areas in adjacent water bodies and wetlands are to be achieved through the use of silt curtains, silt screens, or other appropriate erosion control measures, between the construction area and wetlands or surface waters, during periods of fill placement and construction. Such devices shall be properly maintained until such time as those disturbed areas become sufficiently stabilized by natural recruitment of vegetation or other measures.

23. Compensatory Mitigation: Compensatory mitigation for unavoidable permanent impacts to waters of the United States may be required at the discretion of the Corps. To offset lost wetland and other aquatic resource functions, appropriate mitigation, including purchase of credits at a federally-approved mitigation bank, may be accepted. Mitigation undertaken at a federally-approved mitigation bank will be assessed using a minimum ratio of 1:1 (impact acreage: credit) or an appropriate functional assessment method (e.g., Uniform Mitigation Assessment Methodology (UMAM)) in accordance with the guidelines found in the Final Compensatory Mitigation Rule: www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

24. Discretionary Authority: Conformance with descriptions and quantities 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 evaluated as an individual permit.

25. Ability to Rescind or Revoke Authorization: Authorization under this regional general permit may be rescinded or revoked at any time if the information provided by the applicant in support of the permit application proves to have been false, incomplete, or inaccurate.

26. Hold Harmless: The permittee shall defend and hold the Government harmless from any and all claims by reason of the placement and installation of subaqueous transmission lines authorized by this permit.

27. Assurance of Navigation: For projects authorized under the SAJ-14 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.

28. Prohibition on Severing Jurisdiction: No project will be authorized under SAJ-14 if the proposed fill activity will result in upstream waters of the United States being removed from Federal jurisdiction.

29. Prohibition on Altering Stream Flow: This permit does not authorize stream channelization or the bank-to-bank filling, relocating, and/or culverting of perennial or intermittent streams. The authorized activities must not increase flooding or negatively impact the pre-project hydraulic flow characteristics or water quality of any affected stream.

30. Horizontal Directional Drilling (HDD): Except as required by Special Condition 32.a. below, directional boring vaults, junction boxes, and/or pads will not be constructed within 50 feet of the top of the bank of waterways (rivers/streams). HDD pilot, entrance, and exit holes must be the minimum diameter necessary; and, must be set back from the waterway (river/stream) bank by a minimum of 50 feet. Excavated materials and drilling mud must be stockpiled on non-wetland areas, where available. Appropriate fabric must be placed beneath all materials stockpiled in wetlands.

31. Depth Below Bottom Contour: Except as required by Special Conditions 32.b., 32.c. and 32.d. below, all subaqueous utility and/or transmission lines authorized by this RGP must be installed a minimum of 6 feet below the bottom contour of any other water of the United States. The 6-foot criterion applies to the entire authorized width of the crossing, plus a minimum of 10 feet on each side of the crossing.

32. Modification or Alteration of Federal Projects: In order to assure that SAJ-14 does not impair the usefulness of existing Corps projects and that it is not injurious to the public, the following special conditions are required pursuant to 33 U.S.C. 408 authorization:

a. Construction of directional boring vaults, junction boxes, and/or pads are not allowed within 25 feet of the top of the bank of any federal project.

b. Subaqueous utility lines installed via horizontal direction drilling (HDD) within a federal project must ensure the top of the HDD boring is a minimum of 14 feet beneath the bottom of any shallow draft navigation channel or 10 feet beneath the bottom of any flood control channel, including a minimum of 25 feet outside the channel edges to allow for maintenance of the side slopes, and the estimated total drilling fluid pressure is less than 10 psi.

c. Subaqueous utility lines installed via trenching must be a minimum of 14 feet below the authorized depth of any shallow draft federal navigation channel including a minimum of 25 feet outside the channel edges to allow for maintenance of the side slopes.

d. Subaqueous utility lines installed via trenching must be a minimum of 10 feet below the authorized depth of any federal flood control channel including a minimum of 25 feet outside of the channel edges.

e. All projects beneath a Federal flood control or navigation channel will be required to provide at the completion of work, an as-built survey showing the horizontal and vertical location (X-Y-Z coordinates in NAD 83 and NAVD 88, as applicable) of the object below the channel as it enters and exits the design edges of the authorized width of the channel, plus a minimum of 25 feet outside the channel edges.

f. Evaluation of applications for utility line crossings of levees, dikes, dams, or other water retaining structures and crossings beneath deep draft federal navigation projects will require case specific review and approval pursuant to 33 U.S.C. 408 prior to authorization under the SAJ-14.

g. Projects not in compliance with these criteria (Special Conditions 39.a through 39.e., inclusive), shall not be eligible for authorization under SAJ-14 until case specific review has been completed by the Jacksonville District Engineering Division in accordance with 33 U.S.C. 408 and the project has received approval from the Jacksonville District Commander.

h. Prior to commencement of construction within the right-of-way of a Federal channel or Federal project area, the Permittee shall receive written confirmation from the Real Estate Division, U.S. Army Corps of Engineers, Jacksonville or Mobile District, as appropriate, that a consent-to-easement (CTE) is being processed.. Confirmation may be requested by submittal to the following mailbox address: REPermitsSAJ.CESAJ@usace.army.mil. Such confirmation from the Real Estate Division shall suffice for the purpose of regulatory permitting and allow for commencement of construction of the authorized activity prior to receipt of the CTE.

33. Water Quality Certification and Coastal Zone Management Consistency: Activities qualifying for this regional general permit must be authorized by the applicable permit or exemption under Part IV of Chapter 373, Florida Statutes (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 Section 373.069, F.S., or a local government with delegated authority under Section 373.441, F.S., will provide the applicable Water Quality Certification (WQC) or waiver thereto, and Coastal Zone Consistency Concurrence (CZCC). WQC is waived for activities authorized under this regional general permit that qualify for an exemption under Section 403.813(1) or 373.406, F.S., or the rules of the Florida Administrative Code (F.A.C.) adopted under Part IV of Chapter 373, F.S.

34. National Oceanic and Atmospheric Administration (NOAA) Notification of Utilities in Navigable Waters: Where the proposed subaqueous utility or transmission line is to be installed in navigable waters of the United States, at least 2 weeks prior to the start of the authorized work, the permittee must notify the NOAA and the Corps in writing that the work is commencing; and, again, upon completion of the work. The permittee shall notify the District Engineer in writing at the letterhead address, attention Regulatory Division; and, the NOAA, either in mailed correspondence to Nautical Data Branch Office of Coast Survey N/CS26, 1315 East-West Highway, Silver Spring, MD 20910-3282 or by electronic mail correspondence, with scans of the requisite documents attached, through osc.ndb@noaa.gov. The post-construction notification will include “as-built plans”, signed and sealed by a registered surveyor/engineer licensed in the State of Florida, that certify the project is constructed as authorized; and, must include an accurate depiction of the location and configuration of the completed activity in relation to the mean high water of the navigable water.

35. Reporting Address: The Permittee shall submit all construction notifications, compliance documentation and any other correspondence required by the general and special conditions of this permit to the following mailbox: SAJ-RD-Enforcement@usace.army.mil Submittals shall not exceed 10 MB. The Permittee shall reference the assigned permit verification number, SAJ-XXXX-XXXXX (RGP-XXX), on all submittals.

36. RGP Expiration: SAJ-14 shall be valid for a period of 5 years from the date of issuance unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct annual reviews to ensure that continued use of the permit during the 5-year authorization period is not contrary to the public interest. If SAJ-14 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-14 will remain in effect provided the activity is completed within 12 months of the date SAJ-14 expired or was revoked.

37. General Conditions: The permittee shall perform all work and subsequent actions in accordance with the attached general conditions.

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AVOIDANCE AND MINIMIZATION: Fill authorized under this RGP shall be limited to that necessary for the installation, construction, maintenance, replacement, and repair of sub-aqueous utility and transmission lines, and associated outfall and intake structures. This proposed re-issuance will not change the scope of work previously authorized under this RGP. Each request for authorization of work under SAJ-14 would be subject to review by the Corps to ensure that appropriate sequencing, avoidance, and minimization of impacts to aquatic resources authorized by SAJ-14 would have no more than minimal adverse impacts on the aquatic ecosystem, either individually or cumulatively. Adherence to the special and general conditions of SAJ-14 as well as any project-specific conditions deemed necessary will serve to further avoid and minimize impacts.

COMPENSATORY MITIGATION: Compensatory mitigation for unavoidable permanent impacts to waters of the United States may be required at the discretion of the Corps. To offset lost wetland and other aquatic resource functions, appropriate mitigation, including purchase of credits at a federally-approved mitigation bank or in-lieu-fee (ILF) arrangement, may be authorized. Mitigation undertaken at a federally-approved mitigation bank or ILF will be assessed using a minimum ratio of 1:1 (impact acreage: credit) or an appropriate functional assessment method (e.g., Uniform Mitigation Assessment Methodology (UMAM)) in accordance with the most current Compensatory Mitigation Rule (33CFR332): www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

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 activity 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 RGP would have only minimal adverse impact on EFH and/or Federally managed fisheries under NMFS’ purview.

THREATENED AND ENDANGERED SPECIES: The effects of this RGP on species protected under the ESA will be determined using the most current programmatic keys and/or biological opinions (i.e., JaxBO). Currently, the Corps has programmatic agreements with the FWS and NMFS for the following species: Florida panther, eastern indigo snake, wood stork, West Indian manatee, all species under purview of the NMFS. It is anticipated the effects of the activities authorized under this RGP will either have no effect or will likely affect, but not adversely affect the aforementioned species with adherence to applicable terms and conditions and/or PDCs.

For those species not covered under any existing, applicable programmatic key or biological opinion, by separate letter, the Corps will coordinate with the FWS on the effects of the activities covered under this RGP on listed species and any designated or proposed critical habitat pursuant to Section 7, ESA. This RGP has been conditioned to include PDCs required by the NMFS and terms and conditions required by the FWS for those species listed, above.

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-14 should be submitted in writing to Mia Zarbo at the U.S. Army Corps of Engineers, Regulatory Division, Pensacola Permitting Section, 41 North Jefferson Street, Suite 301, Pensacola, Florida, 32502, or electronic mail at Maria.D.Zarbo@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.

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