09-Permit_Nationwide_ Permit-3-SAJ-2019-02388_USACE.pdf

Regulatory Division South Branch Antilles Section

SAJ-2019-02388 (NW-JCM)

Gregory Camacho National Park Service 2100 Church Street # 100 Christiansted, St. Croix U.S. Virgin Islands 00820

Dear Mr. Camacho:

Reference is made to your Department of the Army (DA) permit application, which the U.S. Army Corps of Engineers (Corps) received on July 8, 2019, for the proposed repair/replacement of 700 linear feet of an existing wharf bulkhead at the Christiansted National Historic Site. The old deteriorated bulkhead would be encapsulated and enclosed by the new bulkhead. The project is located at Christiansted Harbor, 2100 Church Street # 100, Christiansted, St. Croix, U.S. Virgin Islands. Your permit application has been assigned case number SAJ-2019-02388 (NW-JCM). Please reference this case number in future communications regarding this project.

According to the information available the proposed project would involve the repair/replacement of 700 linear feet of an existing wharf bulkhead at the Christiansted National Historic Site. The old deteriorated bulkhead would be encapsulated and enclosed by the new bulkhead.

The new bulkhead design is comprised of two sections:

The first section of the new bulkhead would consist of a new 500 linear feet long cantilevered steel sheet pile bulkhead with a cast in place concrete cap/fascia. The concrete cap/fascia would extend 1-2 ft below the MLLW line. To build this new bulkhead section a new sheet pile wall would be installed with a vibratory hammer 23.69 inches (1.97 ft) waterward from the existing sheet pile bulkhead. Granular fill would be used to fill the 4-inch void or separation between the existing and the proposed sheet pile bulkhead.

The second section of the new bulkhead would consist of a new 200 linear feet long cast in place concrete bulkhead. To build this second section temporary wooden or metal form work and supporting materials would be installed and a new cast in place reinforced concrete gravity wall would be poured on top and seaward of the existing

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

ANTILLES OFFICE

FUND. ANGEL RAMOS ANNEX BLDG., SUITE 202

383 F.D. ROOSEVELT AVE.

SAN JUAN, PUERTO RICO 00918

October 8, 2019

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The project would require the discharge of 139.7 cubic yards of fill material into

0.0267 acres of waters of the U.S.

Your project, as depicted on the enclosed drawings (Attachment 1), is authorized by Nationwide Permit (NWP) Number 3 - Maintenance, pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the Clean Water Act (33 USC 1344). In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2022. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the Corps Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 82, dated January 6, 2017, specifically pages 1983 to 2008, and the table of Regional Conditions. The Internet page address is as follows:

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

Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on “Source Book”; and, then click on “Nationwide Permits.” These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP-3. Enclosed is a list of the six General Conditions (Attachment 2), which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required.

The following special conditions are included with this verification:

1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address:

a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

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

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b. For electronic mail CESAJ-ComplyDocs@usace.army.mil (not to exceed 10

MB).

The Permittee shall reference permit number SAJ-2019-02388 (NW-JCM) on all submittals.

2. Application Information: The authorized work shall be completed in accordance with the information and drawings submitted as part of the above-referenced permit application.

3. Turbidity Barriers:

a. Prior to the initiation of any authorized work, the Permittee shall install floating turbidity barriers with weighted skirts extending to one foot from the marine bottom and surrounding the proposed work areas as much as practicable, to prevent sediment impacts to adjoining benthic habitats.

b. Throughout the authorized work the effectiveness and condition of all floating turbidity barriers shall be regularly monitored in order to make any necessary adjustments to prevent sediment impacts to adjoining benthic habitats.

c. Monitoring for sea turtles shall be conducted regularly to ensure no entanglement or entrapment of animals occurs in the deployed turbidity barriers.

d. The turbidity barriers shall remain in place and be maintained as necessary until the authorized work has been completed, all suspended materials have been stabilized, and turbidity returns to normal levels.

e. At the end of the authorized work, the turbidity barriers and their anchors shall be completely removed and adequately disposed of outside of waters of the U.S.

4. Daylight Hours: All activities must be completed during daylight hours.

5. Self-Certification: Within 60 days of completion of the work authorized, the attached Self-Certification Statement of Compliance (Attachment 3) must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019.

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6. Agency Changes/Approvals: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee’s responsibility to request a modification of this permit from the Corps. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit.

7. JAXBO Project Design Criteria (PDC): The Permittee shall comply with National Marine Fisheries Service’s “JAXBO PDCs for In-Water Activities” dated November 20, 2017 (Attachment 4).

8. Sea Turtle and Smalltooth Sawfish Conditions: The authorized work shall be completed in strict observance of the attached NMFS’s Sea Turtle and Smalltooth Sawfish Construction Conditions, dated March 23, 2006 (Attachment 5).

9. Vessel Strike Avoidance: The authorized work shall be completed in strict observance of the attached NMFS’s Vessel Strike and Avoidance Measures and Reporting for Mariners, revised February 7, 2008 (Attachment 6).

10. ESA Listed Species: This permit does not authorize the Permittee to take a federally listed threatened or endangered species. In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a Biological Opinion under ESA Section 7, with “incidental take” provisions with which you must comply). All construction personnel are responsible for observing water-related activities to detect the presence of these species and avoid them.

11. Coral Relocation and Monitoring: Prior to start any in-water work the Permittee shall coordinate with the Corps and National Marine Fisheries Service, Protected Resources Division and Habitat Conservation Division to finalize and obtain approval to implement the attached Draft Coral Relocation and Monitoring Plan (Attachment 7).

12. Dredging: This verification does not authorize dredging in navigable waters of the

U.S.

13. Discharges of fill or dredged material: This verification does not authorize discharges of fill or dredged material into waters of the U.S., except as otherwise specified in the Project Description above.

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14. Assurance of Navigation and Maintenance: 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.

15. Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site.

This NWP verification letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. In addition, this NWP verification letter does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required.

Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise.

Sincerely, Edgar W. Garcia Chief, Acting

Antilles Section

Enclosures http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey

U.S. ARMY CORPS OF ENGINEERS

PERMIT NUM: SAJ-2019-02388

DRAWING 1 of 3 10/2019

U.S. ARMY CORPS OF ENGINEERS

DRAWING 2 of 3 10/2019

CURRENT TYPE 1 CANTILEVERED SSP BULKHEAD DESIGN (TYPICAL SECTION):

CAST-IN-PLACE CONCRETE BULKHEAD SECTION DESIGN:

U.S. ARMY CORPS OF ENGINEERS

DRAWING 3 of 3 10/2019

GENERAL CONDITIONS

33 CFR PART 320-330

1. The time limit for completing the work authorized ends on March 18, 2022.

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 of 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 (Attachment 8).

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 (Attachment 9).

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.

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Permit Number: SAJ-2018-02388 (NW-JCM)

Permittee’s Name & Address (please print or type):___________________________________

Telephone Number: ____________________________________________________________

Location of the Work: ___________________________________________________________

Date Work Started:____________________ Date Work Completed:______________________

PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES ______ NO_______

TO SCHEDULE AN INSPECTION PLEASE CONTACT _______________________________

AT __________________________

Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.):________________________________________________________________________

Acreage or Square Feet of Impacts to Waters of the United States: ______________________

Describe Mitigation completed (if applicable): ________________________________________

Describe any Deviations from Permit (attach drawing(s) depicting the deviations):

I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s).

Signature of Permittee

Date

U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In-Water Activities

November 20, 2017

1) (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/in dex.html

2) (AP.8.) Reporting of 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 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov

d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-

877-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.

3) (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 http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html 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.

4) (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 http://www.fisheries.noaa.gov/pr/shipstrike/

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 cableline). 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.

5) (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.

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701

SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS

The permittee shall comply with the following protected species construction conditions:

a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species.

b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.

c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.

d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.

e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.

f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization.

g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation.

Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc

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 263 13 th 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.

mailto:takereport.nmfsser@noaa.gov