27-Dept. of the Army Permit SAJ-2008-02034 (SP-SLR) Modification 8 Aug 2023.pdf

Regulatory Division South Branch Palm Beach Gardens Section

SAJ-2008-02034(MOD-PRC)

Modification-1

Broward County c/o Jacob Rice 115 South Andrews Avenue #329-H Fort Lauderdale, FL 33301

Dear Mr. Rice:

The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation of your modification request, received on November 16, 2023, in which you asked to revise the authorized by Department of the Army permit number SAJ-2008-02034, issued to Broward County, dated August 7, 2020. The project site is located in waters of the United States associated with the installation, operation and long-term management of sand bypassing within Waters of the U.S. The project is located within tidal waters along the north side of the Port Everglades Entrance Channel, Fort Lauderdale (Sections 13 and 24, Township 50 South, Range 42 East) in Broward County, Florida.

The proposed modification would result in the renewal of the Section 103 concurrence letter issued by the U.S. Environmental Protection Agency for the transportation of dredged material to the Port Everglades ODMDS site and reduce the amount of dredged material to be deposited from 490,000 cubic yards to 428,200 cubic yards. The modification must be completed in accordance with the enclosed letter and the revised special conditions, which are incorporated in, and made a part of the permit:

Special Condition 1: Reporting Addresses: The Permittee shall ensure reports, notifications, documentation, and correspondence required by the general or special conditions of this permit are submitted electronically to:

a. The Corps at SAJ-RD-Enforcement@usace.army.mil (not to exceed 15MB); and

b. U.S. Environmental Protection Agency, Region 4 at Oceandumpingr4@epa.gov The Permittee shall reference in the subject line of the email this permit number, SAJ-2008-02034 (SP–PRC), and the type of submittal.

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

4400 PGA BOULEVARD, SUITE 500

PALM BEACH GARDENS, FLORIDA 33410

August 8, 2023 REPLY TO

ATTENTION OF

mailto:Oceandumpingr4@epa.gov

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Special Condition 24: U.S. Environmental Protection Agency (EPA) Concurrency: The EPA concurrency has been provided and is valid until March 20, 2023 June 29, 2026. After March 20, 2023 June 29, 2026, the Permittee shall not transport dredged material to the Port Everglades ODMDS until concurrency is granted by the EPA that the proposed dredge material meets the Ocean Disposal Criteria (40 CFR 227) and can be disposed in the Port Everglades ODMDS.

Special Condition 25: Site Management and Monitoring Plan: The Permittee shall comply with all specifications and condition of the current Port Everglades Harbor ODMDS Site Management and Monitoring Plan. The link to the plan can be found here:

Port Everglades Harbor Ocean Dredged Material Disposal Site, Site Management and Monitoring Plan (epa.gov))

Special Condition 26: Cubic Yards of Dredged Material: The Permittee shall not dispose of more than 490,000 cubic yards 428,200 cubic yards of dredged material at the Port Everglades ODMDS.

Special Condition 27: Loss of Material: This permit does not authorize excessive leakage, overflow, or spill out of barges, dump scows, or hopper dredges of water and excavated material while en-route to the Port Everglades Harbor ODMDS Release Zone. Failure to repair leaks or change the method of operation which is resulting in the leakage, overflow, or spillage will result in suspension of dredging operations and require prompt repair or change of operation to prevent overflow, leakage, or spillage as prerequisite to the resumption of dredging. Excessive leakage is defined by average loss of draft during transit from the dredging area to the disposal area (forward draft loss plus aft draft loss divided by 2) in excess of (18 inches (northeast Florida) or of 12 inches (south)). Once excessive leakage is discovered, it shall be reported immediately as directed in the Disposal Operations Compliance Special Condition.

Special Condition 28: Disposal Operations Compliance: The Permittee shall ensure the vessel(s) used to transport dredged material to the Port Everglades Harbor ODMDS complies with the disposal operation conditions defined in the permit. If a violation occurs: a) the Permittee shall report the violation to the contracting officer’s representative immediately at 904-232-2086 and to EPA’s Ocean Dumping Coordinator immediately at 404-562-9395. b) written notification including a narrative description of the violation shall be emailed addresses listed in the Reporting Addresses Special Condition within 24 hours after the violation occurs. The Permittee shall reference in the subject line of the email this permit number, SAJ-2008-02034 (SP –PRC), and the type of violation.

blockedhttps://www.epa.gov/sites/default/files/2020-05/documents/portevergaldesharborodmds_smmp_april_2020_signed.pdf blockedhttps://www.epa.gov/sites/default/files/2020-05/documents/portevergaldesharborodmds_smmp_april_2020_signed.pdf

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Special Condition 29: Disposal Zone: The Permittee shall ensure, when dredged material is disposed, no portion of the hopper dredge or disposal barge or scow shall be outside of the boundaries of the release zone. The boundaries of the release zone are defined by the following coordinates:

Vertice s

Geographic NAD 83 State Plane (Florida East 0901 U.S. Ft) NAD 83

Latitude (North)

Longitude (West)

Easting Northing

NW 26o 06.9280'N

-80o 01.8150’W

974,36

648,843

NE 26o 06.9280'N

-80° 01.2720’W

977,34

648,866

SW 26o 06.7660'N

-80o 01.8150’W

974,38

647,862

SE 26o 06.7660'N

-80° 01.2720’W

977,35

647,884

The Permittee shall ensure the hopper dredge, disposal barge or scow shall be in the closed position and all discharge of material has ceased before the disposal vessel leaves the disposal zone of the Port Everglades Harbor ODMDS.

Special Condition 33: Electronic Data: The Permittee shall provide electronic data required by the Electronic Tracking System and Load Data Special Condition to EPA Region 4 on a weekly basis. The data shall be submitted as an extensible Markup Language (XML) document via Internet e-mail listed in the Reporting Addresses Special Condition. XML data file format specifications are available from EPA Region 4.

Special Condition 57: EPA 103 Concurrency: Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (Act), as Amended, concurrence from the U.S. Environmental Protection Agency is based on and the following conditions:

a. compliance with the criteria, conditions, and restrictions established pursuant to Sections 102(a) and 102(c) of the Act. Based upon their review of the request, as well as the supplemental information, the EPA has determined that the proposed material meets the Ocean Dumping Criteria (ODC).

b. compliance with all specifications and conditions of the Port Everglades ODMDS Site Management and Monitoring Plan (SMMP). No more than de

-4-minimis amounts of dredged material may leak or spill from disposal vessels during transit to the ODMDS while west of the sea buoy (G’3) (the area of highly sensitive protected resources including corals), and any leakage or spillage east of this buoy that is more than ½ foot (six inches) must immediately be reported by the Contractor to the U.S. Army Corps of Engineers (USACE) and forwarded to the EPA.

c. Disposal will be completed prior to leaving the ODMDS boundaries as indicated by hull status showing that the hopper doors are closed. Disposal of dredged material must not result in excessive mounding.

d. In accordance with the SMMP, pre- and post-disposal bathymetric surveys and disposal summary reports shall be provided to the EPA. The SMMP also requires that the EPA is notified of project initiation at least 15 days prior to commencement of work. All reporting shall be conducted consistent with the specifications of the SMMP. Disposal monitoring data shall be provided to the EPA electronically on a weekly basis. The operator shall notify the USACE and the EPA within 24-hours (or next business day) if a violation of the permit and/or concurrence conditions occur during disposal operations. At no time may any debris be placed in the ODMDS.

e. This concurrence is expressly conditioned on the EPA’s review and approval of any relevant sections of the permit specifications addressing the transportation of dredged material to and the dumping of dredged material at the ODMDS.

f. This concurrence is also expressly conditioned on final permit specifications that require the contractor to (and require the permittee to ensure that its subcontractors) comply with the Act, its implementing regulations, the conditions of the SMMP, and the conditions of this concurrence letter set forth above. A copy of the current SMMP must be provided to the permittee and the EPA must be notified that the document has been provided to them.

g. The EPA reserves the right to provide an amended concurrence if changes are required to manage the ODMDS. Revisions to the SMMP may also require the EPA to provide an amended concurrence.

This letter contains an approved jurisdictional determination/proffered permit/permit denial for your subject site/proposed project/permit application. If you object to this determination/decision, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you request to appeal this

-5-determination/decision, you must submit a completed RFA form to the South Atlantic Division Office at the following address:

Mr. Phillip A. Shannin South Atlantic Division U.S. Army Corps of Engineers CESAD-CM-CO-R, Room 9M15 60 Forsyth St., SW.

Atlanta, Georgia 30303-8801.

Mr. Shannin can be reached by telephone number at 404-562-5136, or by facsimile at 404-562-5138.

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by October 7, 2023. It is not necessary to submit an RFA form to the Division office, if you do not object to the determination/decision in this letter.

The impact of your proposal on navigation and the environment has been reviewed and found to be insignificant. The permit is hereby modified in accordance with your request. You should attach this letter to the permit. All other conditions of the permit remain in full force and effect.

If you have any questions concerning this permit modification, please contact the project manager Patricia Clune at the letterhead address, by telephone at 561-785-3261 or by electronic mail at Patricia.R.Clune@usace.army.mil.

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 https://regulatory.ops.usace.army.mil/customer-service-survey/

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Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:

James L. Booth Colonel, U.S. Army District Commander

Enclosures cc:

Chris Creed, ccreed@olsen-associates.com

NMFS, PRD

CESAJ-RD-PE

for:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: Broward County File Number: SAJ-2008-02034(SP-PRC) Date: 8/8/2023 Attached is: See Section below

INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B

PERMIT DENIAL C

APPROVED JURISDICTIONAL DETERMINATION D

PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.

Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331.

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.

B: PROFFERED PERMIT: You may accept or appeal the permit

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.

• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.

• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers

Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer.

This form must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.

http://www.usace.army.mil/CECW/Pages/reg_materials.aspx

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record.

POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision and/or the appeal process you may contact:

Project Manager as noted in letter

If you only have questions regarding the appeal process you may also contact:

Philip A. Shannin 404-562-5136

RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations.

Signature of appellant or agent.

Date: Telephone number:

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 4

SAM NUNN ATLANTA FEDERAL CENTER

61 FORSYTH STREET

ATLANTA, GEORGIA 30303-8960

June 29, 2023

Ms. Patricia Clune Project Manager, Regulatory U.S. Army Corps of Engineers Jacksonville District 4400 PGA Boulevard, Suite 500 Palm Beach Gardens, Florida 3410

Subject: Concurrence of Proposed Disposal of Dredged Material from the Port Everglades Sand Bypass

Project for Broward County - SAJ-2008-02034 (SP)

Dear Ms. Clune:

This letter is in response to your request, dated May 16, 2023 for the U.S. Environmental Protection Agency’s concurrence on the proposed dumping of dredged material from the Port Everglades Sand Bypass project into the Port Everglades Ocean Dredged Material Disposal Site (ODMDS).

Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (Act), as amended, concurrence from the U.S. Environmental Protection Agency is based upon compliance with the criteria, conditions, and restrictions established pursuant to Sections 102(a) [environmental criteria] and 102(c) [disposal site designation and management] of the Act. Based upon our review of your request, as well as the supplemental information, the EPA has determined that the proposed material meets the Ocean Dumping Criteria (ODC).

This concurrence applies to the dredging units, also described as prisms, just north of the federal channel at the entrance of the inlet into Port Everglades. Specifically, the proposed project includes dredging units A through E and a Rubble Shoal area with authorized project depths that include -20, -29, -42 and -50 feet mean lower low water, depending on location within the project footprint.

Dredged material is estimated to be 428,200 cubic yards, primarily composed of rock and mixed sands.

The dredging method will be dependent on available equipment, scheduling, and final project specifications.

The proposed material met the exclusion criteria and therefore did not need to be further tested or modeled in order to determine compliance. There are no load restrictions for material from the project.

Our concurrence on the disposal of this material is expressly contingent upon compliance with all specifications and conditions of the Port Everglades ODMDS Site Management and Monitoring Plan (SMMP). No more than de minimis amounts of dredged material may leak or spill from disposal vessels during transit to the ODMDS while west of the sea buoy (G’3) (the area of highly sensitive protected resources including corals), and any leakage or spillage east of this buoy that is more than ½ foot (six inches) must immediately be reported by the Contractor to the U.S. Army Corps of Engineers (USACE) and forwarded to the EPA.

Disposal will be completed prior to leaving the ODMDS boundaries as indicated by hull status showing that the hopper doors are closed. Disposal of dredged material must not result in excessive mounding.

In accordance with the SMMP, pre- and post-disposal bathymetric surveys and disposal summary reports will be provided to the EPA. The SMMP also requires that the EPA is notified of project initiation at least 15 days prior to commencement of work. All reporting shall be conducted consistent with the specifications of the SMMP. Disposal monitoring data shall be provided to the EPA electronically on a weekly basis. The operator shall notify the USACE and the EPA within 24-hours (or next business day) if a violation of the permit and/or concurrence conditions occur during disposal operations. At no time may any debris be placed in the ODMDS.

Furthermore, this concurrence is expressly conditioned on the EPA’s review and approval of any relevant sections of the permit specifications addressing the transportation of dredged material to and the dumping of dredged material at the ODMDS. This concurrence is also expressly conditioned on final permit specifications that require the contractor to (and require the permittee to ensure that its subcontractors) comply with the Act, its implementing regulations, the conditions of the SMMP, and the conditions of this concurrence letter set forth above. A copy of the current SMMP must be provided to the permittee and the EPA must be notified that the document has been provided to them.

The EPA reserves the right to provide an amended concurrence if changes are required to manage the ODMDS. Revisions to the SMMP may also require the EPA to provide an amended concurrence.

The EPA’s concurrence is effective for a three-year period as of the date of this letter. If you or your staff would like to discuss this matter or have any questions, please contact me at (404) 562-9345, or have a member of your staff contact Mr. Radamés San Miguel Villanueva of my staff at

(404) 562-9278.

Sincerely, César Zapata, Acting Director

Water Division

CESAR ZAPATA Digitally signed by CESAR ZAPATA Date: 2023.06.29 09:52:40 -04'00'

DOC002

Attachment K-408 Memo printed