2-5.0 - 20211016 Permit (NW 58).pdf

Regulatory Division West Branch Tampa Section

SAJ-2021-02960 (NW-TEH)

Mr. Mark LeCouris City of Tarpon Springs 324 E. Pine St.

Tarpon Springs, FL 34689 mlecouris@ctsfl.us

Dear Mr. LeCouris:

The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit received on August 19, 2021. Your application was assigned file number SAJ-2021-02960. A review of the information and drawings provided indicates that the proposed work consists of the installation of water and sewer lines via hydraulic directional drill at a depth approximately 30 feet beneath the waterway and a length of approximately 420 linear feet. No in-water work is proposed, as drill boxes will be located in uplands. The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). The project is located on Minetta Bayou that empties into the Anclote River and ultimately the Gulf of Mexico. Specifically, the project is located immediately north of Beckett Bridge (North Springs Boulevard), Tarpon Springs, Pinellas County, Florida, in Sections 11 and 12 of Township 27 South and Range 15 East (Latitude 28.150495 N; Longitude 82.765280 W).

Your project, as depicted on the enclosed drawings (Attachment 1), is authorized by

Nationwide Permit No. 58, Utility Line Activities for Water and Other Substances, which became effective on March 15, 2021 (86 FR 2744, January 13, 2021). This verification is valid until March 15, 2026.. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the Nationwide Permit General Conditions and the Jacksonville District Regional Conditions, and the General and Project-Specific Special Conditions listed below. 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 NWP. Alternatively, you can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book web page for links to view Nationwide Permit information at:

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

701 SAN MARCO BOULEVARD

JACKSONVILLE, FLORIDA 32232-0019

October 16, 2021 https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/ . Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there select “Source Book”; and, then select “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 NWP verification.

You must comply with ALL the NWP general, special, and/or regional Conditions, attached and/or incorporated by reference, and the Project Specific Special Conditions and General Conditions, listed below, or you may be subject to enforcement action.

General Conditions (33 CFR PART 320-330):

1. The time limit for completing the work authorized ends on March 15, 2026.

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 on the transfer form attached to this letter and forward a copy 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.

Project Specific Special Conditions:

The following project specific special conditions are included with this verification:

1. Reporting Addresses: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

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

The Permittee shall reference this DA permit number, SAJ-2021-02960 (NW-TEH), on all submittals.

2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed Commencement Notification form (Attachment 2).

3. Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attachment 3) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps.

4. 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 rem33549oval or alteration.

5. 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, 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 and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). 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 non-federal 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.

6. In the Event of a Frac-Out:: Should a frac-out and release of drilling fluids occur within navigable waters of the U.S., and in-water work is required to remediate the action, the permittee shall comply with the following special conditions:

a. Frac-Out Contingency Plan: The permittee shall comply with the frac-out contingency plan (Attachment 4).

b. Manatee Conditions: The permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 5).

c. JAXBO Project Design Criteria (PDCs) for In-Water Activities: The permittee shall comply with National Marine Fisheries Service’s “PDCs for In-Water Activities” dated November 20, 2017 (Attachment 6).

A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.

This letter of 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.

This letter of authorization 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.

This letter of authorization does not preclude 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 https://regulatory.ops.usace.army.mil/customer-service-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.

Should you have any questions related to this NWP verification or have issues accessing the documents reference in this letter, please contact me via email at tracy.e.hurst@usace.army.mil, by telephone 813-769-7063, or by mail at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610.

Sincerely, Tracy Hurst Biologist, Tampa Permits Section

Attachments:

1. Permit Drawings

2. Commencement Notification form

3. Self-Certification form

4. Frac-out Contingency Plan

5. Standard Manatee Conditions for In-Water Work

6. PDCs for In-Water Activities cc (w/atts):

Mr. Peter Bottone, Ardurra (pbottone@ardurra.com) National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS) (ocs.ndb@noaa.gov)

G R A P H I C R E P R E S E N T A T I O N S A R E G E N E R A L I N N A T U R E A N D S H O U L D B E U S E D F O R P L A N N I N G P U R P O S E S O N LY

Attachment 0 1,000 2,000

SCALE - FEET

- LEGEND -

Proposed Easement

FLUCS and SAV Descriptions 1200 - Medium Density Residential 1300 - High Density Residential 1400 - Commercial and Services 5400 - Bays and Estuaries 6120 - Mnagroves 9113 - Seagrass, patchy

Beckett Bridge WM & FM Relocation Project USGS Quad

Location

N Pinellas Ave

Riverside Dr.

Attachment 1

91139113

91139113 91139113

12001200

12001200

13001300

15001500

12001200

12001200

61206120

61206120

61206120

14001400

G R A P H I C R E P R E S E N T A T I O N S A R E G E N E R A L I N N A T U R E A N D S H O U L D B E U S E D F O R P L A N N I N G P U R P O S E S O N LY

Attachment 0 150 300

SCALE - FEET

- LEGEND -

Proposed Easement

Drill Pit

WM Alignment

FM Alignment

Ardurra Adjusted FLUCS

SWFWMD Seagrass 2016

FLUCS and SAV Descriptions 1200 - Medium Density Residential 1300 - High Density Residential 1400 - Commercial and Services 5400 - Bays and Estuaries 6120 - Mnagroves 9113 - Seagrass, patchy

Beckett Bridge WM & FM Relocation Project

FLUCS

with SAV Map

54005400

54005400

ASTATULA

KESSON

ASTATULA

TAVARES

MYAKKA

MATLACHA

MATLACHA

MATLACHA

ASTATULA

ASTATULA

ASTATULA

MATLACHA

PAOLA

PAOLA

MATLACHA

MATLACHA

MATLACHA

G R A P H I C R E P R E S E N T A T I O N S A R E G E N E R A L I N N A T U R E A N D S H O U L D B E U S E D F O R P L A N N I N G P U R P O S E S O N LY

Attachment 0 300 600

SCALE - FEET

- LEGEND -

NRCS Soils

Proposed Easement

Drill Pit

WM Alignment

FM Alignment

Beckett Bridge WM & FM Relocation Project NRCS Soils

WATER

Dated 9/18/2019

COMMENCEMENT NOTIFICATION

Within 10 days of initiating the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2021-02960 (RGP-TEH)

2. Permittee Information:

Mr. Mark LeCouris City of Tarpon Springs 324 E. Pine St.

Tarpon Springs, FL 34689 mlecouris@ctsfl.us 727-938-3711 X2204

3. Construction Start Date: ______________________

4. Contact to Schedule Inspection:

Name: __________________________________________

Email: __________________________________________

Phone: __________________________________________

Signature of Permittee

Printed Name of Permittee

Date

Attachment 2

Dated 9/18/2019

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Within 60 days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15MB) or by standard mail to U.S.

Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2021-02960 (RGP-TEH)

2. Permittee Information:

Mr. Mark LeCouris City of Tarpon Springs 324 E. Pine St.

Tarpon Springs, FL 34689 mlecouris@ctsfl.us 727-938-3711 X2204

3. Date Authorized Work Started: _________________ Completed: _______________

4. Contact to Schedule Inspection: Name: ____________________________________

Email: ____________________________________

Phone: ___________________________________

5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc ): The authorized work includes the installation of water and sewer lines via hydraulic directional drill at a depth approximately 30 feet beneath the waterway and a length of approximately 420 linear feet. No in-water work is proposed, as drill boxes will be located in uplands

6. Acreage or Square Feet of Impacts to Waters of the United States: _________________

7. Describe Mitigation completed (if applicable): NA

8. 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

Printed Name of Permittee

Date

Attachment 3

Attachment 4

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.

Attachment 5

Project Design Criteria (PDCs) Applicable to All Projects

NOTE - You are required to comply with the following PDCs, which serve to address requirements pursuant to Section 7, Endangered Species Act (ESA) for those listed species and designated critical habitat under purview of the National Marine Fisheries Service Protected, Resources Division. These PDCs are taken from the Programmatic Biological Opinion (PBO) referred to as JaxBO. These criteria serve to address ESA requirements only, and additional conditions may be required to address other Federal laws, including the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. Authorization under this permit is conditional upon your compliance with all applicable PDCs, which are made part of this permit.

You are reminded that you must complete the attached self-certification statement of compliance following completion of the authorized work. Your statement of compliance does not obviate the need to satisfy all PDCs, including those requirements (e.g., such as structural dimensions and educational signs) that are observable post-construction, and those requirements (e.g., construction methods or procedures to be followed) that are not observable post-construction. Please note that failure to comply with the applicable PDCs of this PBO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with this permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of this PBO.

AP.1. The applicant must agree to adhere to PDCs for In-Water Activities (provided below).

AP.2. All projects involving the installation of piles or sheet piles shall follow the PDCs for In- Water Noise from Pile and Sheet Pile Installation (Section 2.2). This Opinion does not cover projects that use seismic surveys, low frequency sonar, explosions, and seismic air guns.

AP.3. All projects proposed in or near areas with mangroves, seagrasses, corals, or hard bottom habitat must refer to PDCs for Mangroves, Seagrasses, Corals, and Hard Bottom for All Projects (provided below) to determine whether the project is covered under the Opinion and, if it is covered, to ensure it is sited, designated, and implemented following all of the PDCs in that section.

AP.4. For every project, the USACE must determine if the project is located within:

a) Smalltooth sawfish critical habitat limited exclusion zones (Section 2.1.1.1)

b) Gulf sturgeon critical habitat migratory restriction zones (Section 2.1.1.2)

c) Atlantic sturgeon critical habitat exclusion zone (St. Marys River) (Section 2.1.1.3)

d) North Atlantic right whale educational sign zones (Section 2.1.1.4)

e) U.S. Caribbean sea turtle critical habitat restriction zones (Section 2.1.1.5)

f) Bryde’s whale exclusion zone (Section 2.1.1.6)

Where the activity is excluded from the Opinion within a particular zone, the application must be processed under a separate consultation. Where additional restrictions apply to activities within that zone, the USACE or other authorizing entity must ensure that the project meets the requirements for that zone.

AP.5. This Opinion only covers new construction (i.e., installation, repair, replacement) and does not apply to after-the-fact consultations or enforcement actions handled by the Corps.

AP.6. All activities must be completed during daylight hours.

Attachment 6 k3rdpteh Highlight k3rdpteh Highlight k3rdpteh Highlight

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:

https://www.fisheries.noaa.gov/southeast/consultations/protected-species-educational-signs

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 1-844-4SAWFISH or email:

Sawfish@MyFWC.com

c) Sturgeon: Report dead sturgeon to 1-844-STURG 91 (1-844-788-7491) or email:

NOAA.Sturg911@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.

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.

http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.ht https://www.fisheries.noaa.gov/southeast/consultations/protected-species-educational-signs http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.ht mailto:takereport.nmfsser@noaa.gov mailto:takereport.nmfsser@noaa.gov mailto:SAJ-RD-Enforcement@usace.army.mil mailto:Sawfish@MyFWC.com mailto:Sawfish@MyFWC.com mailto:nmfs.ser.sturgeonnetwork@noaa.gov mailto:NOAA.Sturg911@noaa.gov k3rdpteh Highlight k3rdpteh Highlight

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 (https://www.fisheries.noaa.gov/national/endangered-species-conservation/ reducing-ship-strikes-north-atlantic-right-whales#report-a-ship-strike).

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 https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales#report-a-ship-strike k3rdpteh Highlight 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.

k3rdpteh Highlight