31-Department of the Army Permit SAJ-2008-02034 (SP-SLR).pdf

Regulatory Division South Permits Branch Palm Beach Gardens Section

SAJ-2008-02034(SP-SLR)

Broward County c/o Jennifer Jurado 115 S. Andrews Avenue #329-H Fort Lauderdale, Florida 33301

Dear Ms. Jurado:

The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of:

a. The date of commencement of the work,

b. The dates of work suspensions and resumptions of work, if suspended over a week, and

c. The date of final completion.

This information should be mailed to the Enforcement Section of the Regulatory Division of the Jacksonville District at saj-rd-enforcement@usace.army.mil. The Enforcement Section is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions.

IT IS NOT LAWFUL TO DEVIATE FROM

THE APPROVED PLANS ENCLOSED.

Sincerely, Shawn H. Zinszer Chief, Regulatory Division

Enclosures

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

4400 PGA BOULEVARD, SUITE 500

PALM BEACH GARDENS, FLORIDA 33410

August 7, 2020 for:

mailto:saj-rd-enforcement@usace.army.mil cc:

Chris Creed, ccreed@olsen-associates.com

NMFS, PRD

CESAJ-RD-PE

DEPARTMENT OF THE ARMY PERMIT

Permittee: BROWARD COUNTY 115 S. Andrews Avenue #329-H Fort Lauderdale, Florida 33301

Permit No: SAJ-2008-02034 (SP-SLR)

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The permittee is authorized to create and modify inlet infrastructure at Port Everglades to facilitate the collection, temporary storage, and transfer of sand to the beaches south of the inlet. The work includes the following activities:

1. Creation of a sediment deposition basin, also known as a sand trap, on the north side of the Port Everglades Inlet channel, immediately east of the north jetty;

2. Improvement and extension of the existing north jetty;

3. Excavation of large granite boulders within the western area of the proposed sand trap to be used for the north jetty improvements;

4. Removal of the westernmost portion of the submerged rubble spoil shoal that is located about 800 feet (245 m) north of the inlet;

5. Construction of a submerged rock rubble barrier at the eastern extent of the rubble shoal removal area;

6. Construction of a small groin on the western end of the north jetty “notch”;

7. Placement of up to 30,000 cubic yards of available beach-compatible sand produced from the sand trap construction along the shoreline immediately north of the inlet between FDEP monument R-83.7 and the north jetty;

PERMIT NUMBER: SAJ-2008-02034 (SP-SLR)

PERMITTEE: BROWARD COUNTY

8. Placement of available beach-compatible sand that exceeds the anticipated 30,000 cubic yards that will be placed north of jetty that is produced from the sand trap construction will occur along the shoreline immediately south of the inlet between the south jetty and FDEP monument R-92;

9. Construction of a small pipeline furrow below the limits of the Federal navigation channel at Port Everglades Inlet to accommodate the temporary placement of hydraulic dredge pipeline between the sand trap and the beach south of the inlet during future maintenance events;

10. Regular maintenance dredging of the sand trap and bypassing of sand of the Inlet to John U. Lloyd Beach State Park shoreline, south of the inlet;

11. Transfer and disposal of dredged material to the Port Everglades Offshore Dredge Material Disposal Site (ODMDS).

12. Construct two artificial reefs totaling 0.5 acres.

The project as proposed will result in impacts through dredging to 16.65 acres of hardbottom habitat. The applicant will be constructing two artificial reefs totaling 0.5 acres and reexposing approximately 7.31 acres of existing natural hardbottom through the removal of accumulated sediment and unconsolidated rubble in order to offset the impacts proposed. The applicant has incorporated a coral relocation plan that will provide mitigative measures to avoid and minimize impacts to colonized hardbottom.

The sand trap will be located on the north side of the Port Everglades entrance channel immediately seaward of the north jetty and beach north of the inlet. The trap will extend northward from the northern boundary of the Federal navigation channel to a location that is directly seaward of FDEP R-monument R-84, about 950 ft (290 m). The sand trap will occupy about 10.8 acres (4.4 hectares) of seafloor and have design bottom elevations that range from -29 to -50 ft (-9 to -15m), NAVD88. Creation of the sand trap will require dredging of approximately 365,500 cubic yards (cy) [~279,000 cubic meters (m3)] of sand, rubble, and rock. Of this, it is expected that up to 70,000 cy (~53,500 m3) of the material may be a mixture of beach-compatible sand and rock rubble, based on current conditions.

The largest concentration of any such material would likely be located within the southernmost 2.3 acres (0.9 hectare) of the sand trap, within the existing inlet cut and adjacent to the Federal navigation channel. The balance of the material will be consolidated rock and unconsolidated limestone rubble of varying characteristics and sizes. Clean rubble-free sand will be placed on the beach north and/or south of the inlet.

Recovered boulders from the pre-1980 north jetty will be incorporated into planned jetty improvements. Rock and rock rubble from the sand trap dredging will be disposed of in the Port Everglades Offshore Dredge Material Disposal Site

(ODMDS).

The north jetty will be heightened, tightened (compacted with sand), and extended.

The heightening and sand-tightening will raise the existing jetty elevation to a minimum of +7.5 ft (+2.3 m), NAVD88 and reduce or eliminate the structure’s existing porosity.

Presently, during some wave conditions, water and sand are transported over and through the jetty almost unimpeded. The jetty extension will be approximately 160 ft (~50 m) (plus side slopes) in length and have a crest elevation that ranges from about +3.0 to -5.0 ft (+0.9 to -1.5 m), NAVD88. All stone used for jetty improvements will be granite of sufficient size to be hydraulically stable under the expected wave and current conditions at the site. Sand-tightening of the existing jetty structure will be performed with application of chinking stones and an impermeable geotextile fabric.

The project will include removal of an estimated 115,000 cy (87,900 m3) of unconsolidated limerock rubble from the western areas of the rubble spoil shoal which is centered about 800 ft north of the inlet’s north channel wall. The rubble varies in size of gravel to 6-8 inch cobble. Shoal removal will require excavation down to elevations between -10.0 and -20.0 ft (-6.1 m), NAVD88 over an area of about 13.5 acres (5.5 hectares). The bulk of the rubble material could be removed with hydraulic cutter-suction or mechanical dredging equipment. However, removal of thinner, scattered layers and areas of rubble will likely require mechanical and/or small-scale hydraulic equipment. All rubble will be loaded onto scows and transported to the ODMDS for disposal.

Following removal of all required rubble shoal material, a rock boulder barrier will be constructed along the western edge of the remaining shoal. The purpose of this barrier will be to minimize the potential for future westward migration of the remaining spoil shoal across cleared hardbottom areas.

A small 155 linear foot rip-rap groin with a height of approximately 3-ft NAVD88 and side slope of 2.5 to 1 will be constructed at the western limit of the north jetty notch will be constructed. This structure will serve to stabilize sand within the jetty notch and reduce incident wave heights along the interior seawalls along the north side of the inlet channel.

The project will also include future maintenance of the sand trap with sand placement along the John U. Lloyd Beach State Park Shoreline. Fill placement is proposed between the Port Everglades south jetty (~R-85.7 though R-92). The proposed fill template configuration, and seaward extent of fill is within a previously authorized fill template constructed in 2005-2006.

Following completion of sand bypassing improvements, it is expected the sand trap will be dredged once every 2 to 4 years depending on sand transport conditions between sand bypass events. The sand fill quantity for an event may vary between 100,000 to 225,000 CY. The amount of material available in the sand trap and the location and extent of placement during a sand bypass event will be determined through survey and continued physical monitoring analysis.

The work described above is to be completed in accordance with the # pages of drawings and # attachments affixed at the end of this permit instrument.

Project Location: The project would affect 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 along the north side of the Port Everglades Entrance Channel, Fort Lauderdale (Sections 13 and 24, Township 50S, Range 42E) in Broward County, Florida.

LOCATION OF THE DISPOSAL SITE: The preferred disposal site for all material that cannot be placed along the beach or reused in jetty improvements is the Port Everglades Harbor Offshore Dredge Material Disposal Site (ODMDS). The ODMDS is an area approximately one square nmi (3.4 km2) located east northeast of Port Everglades and approximately four nmi (7.4 km) offshore. The ODMDS at Port Everglades Harbor is defined by the following boundary coordinates (NAD 83):

(NW) 26°07'30'' N 80°02'00'' W

(NE) 26°07'30'' N 80°01'00'' W

(SW) 26°06'30'' N 80°02'00'' W

(SE) 26°06'30'' N 80°01'00'' W

The site is centered at 26°07'00'' N, 80°01'30'' W.

Directions to site: 1) Take the SR-84 E exit, Exit 25. 2) Turn left onto FL-84 E/Marina Mile Blvd. Continue to follow FL-84 E. 3) Turn left onto SE th Ave/US-1 N/FL-5 N/FL- A1A N/S Federal Highway. 4) Turn left onto SE 6th Ave/US-1 N/FL-5 N/FL-A1A N/S Federal Highway. 5) Turn right onto SE ST17th/FL-A1A N. Continue to follow FL-A1A N. 6) Turn slight right onto Mayan DR. 7) Turn right onto S Ocean Drive. 8) Public access to the shoreline and north jetty is located immediately north of the Point of Americas Condominium property, 2200 South Ocean Lane.

Approximate Central Coordinates:

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

Activity Latitude Longitude

ST-1 26.0968 80.1038

ST-2 26.0968 80.1028

ST-3 26.0943 80.1027

ST-4 26.0942 80.1060

ST-5 26.0947 80.1053

ST-6 26.0947 80.1045

ST-7 26.0952 80.1040

RS-1 26.0977 80.1042

RS-2 26.0977 80.1013

RS-3 26.0962 80.1013

RS-4 26.0945 80.1027

RS-5 26.0968 80.1028

RS-6 26.0968 80.1038

RS-7 26.0953 80.1040

RS-8 26.0957 80.1043

RB-1 26.0977 80.1013

RB-2 26.0962 80.1013

NJI-1 26.0952 80.1043

IG-1 26.0945 80.1080

SPN-North Limit 26.0970 80.1045 SPN-South Limit 26.0951 80.1045

SPS-North Limit 26.0925 80.1075 SPS-South Limit 26.0755 80.1098

PT-1 26.0945 80.1053

PT-2 26.0945 80.1050

PT-3 26.0927 80.1072

PT-4 26.0927 80.1073

OJF-1 26.0947 80.1050

Sand Placement- North (SPN)

Pipeline Trench (PT)

Old Jetty Foundation (OJF)

Sand Trap (ST)

Rubble Shoal (RS)

Rubble Barrier (RB)

North Jetty Improvements (NJI)

Interior Groin (IG)

Sand Placement- South (SPS)

August 6, 2035.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives 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.

Special Conditions:

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. SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB) and sajdredgenotice@usace.army.mil

b. For all documents and reports required for use of the Port Everglades ODMDS, also send to the U.S. Environmental Protection Agency at lehmann.wade@epamail.epa.gov

c. For all documents and reports required for NMFS Biological Opinion pertaining to essential fish habitat and sand placement along John U Lloyd Beach State Park send to Jocelyn.Karazsia@noaa.gov.

d. For all documents associated with the artificial reef construction:

i. National Oceanic and Atmospheric Administration Marine Chart Division Office of Coast Survey, N/CS26, Sta. 7317 1315 East-West Highway Silver Springs, MD 20910-3282 or email at ocs.ndb@noaa.gov

ii. Commander, U.S. Coast Guard (USCG) 909 SE First Ave., Rm 954 Miami, FL 33131

iii. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 620 S. Meridian Street, Box 4B2 Tallahassee, Florida 32399 Or email at artificialreefdeployments@MyFWC.com

The Permittee shall reference this permit number, SAJ-2008-02034(SP-SLR), and include the topic in the subject line of the email and on all submittals.

2. Commencement Notification (Attachment C):

a. For artificial reef and each maintenance dredging event, the Permittee shall provide to the Corps a written notification of the date of commencement of authorized work within 10 days from the date of initiating the work.

b. For the initial construction of the sediment basin, the Permittee shall provide to the Corps and EPA written notification of the date of commencement of work authorized by this permit at least 15 days before initiation of any dredging operations authorized by this permit and a completion notification no less than 15 days after the completion of the dredging operation.

3. As-Built with X-Y Coordinates: Within 60 days of completion of the construction of the sediment basin and artificial reef, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (Attachment D) to the Corps as indicated in Special Condition 1a. The drawings shall be signed and sealed by a surveyor licensed under Florida Statute 472 and include the following:

a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) on 8½-inch by 11-inch paper. The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure and a point at the mean high water line (MHWL) or the face of the bulkhead/seawall, if present. The drawings shall include: the dimensions of the structure, depth of water (at mean low water) at the waterward end of the structure, and the distance from the waterward end of the structure to the near bottom edge of the channel.

b. Listing of any deviations between the work authorized by this permit and the work as constructed. In the event the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers.

c. Placement of the Department of the Army Permit number on all sheets submitted.

d. Provide a courtesy copy of the As-Built Certification to Engineering Division, Corps of Engineers, ENPermits.CESAJ@usace.army.mil.

4. Local Notice to Mariners: The Permittee is required to contact the United States Coast Guard (USCG) office a minimum of 2 weeks prior to commencement and provide locations affected, equipment, hours of operation and duration of the project so that the information can be published in the Local Notice to Mariners.

5. 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 Palm Beach Gardens Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit.

6. 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.

7. Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way for an identified Federal project and would require a Department of the Army Consent to Easement. By copy of this permit, the proposal is being forwarded to the Corps’ Real Estate Division for action on the Consent to Easement. Failure to obtain the Consent to Easement or waiver invalidates this authorization. The Real Estate Division is responsible for issuing the Consent to Easement. Contact with Real Estate for questions or status updates can done at Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-570-4514.

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

9. 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 nonfederal 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.

10. Turbidity: The contractor shall comply with turbidity monitoring requirements specified by water quality certification in the FDEP Permit 0289308-004-JC dated February 3, 2017.

11. Biological Monitoring: The Permittee shall adhere to the attached Biological Monitoring Plan (National Marine Fisheries Service Biological Opinion Attachment E).

12. This permit does not authorize the storing or stockpiling of tools, equipment, materials, etc. within littoral zones or elsewhere within surface waters of the U.S.

without prior written approval. Storage, stockpiling or access of equipment on, in, over or through beds of submerged aquatic vegetation, wetlands or hardbottom is prohibited unless it occurs within a work area or ingress/egress corridor that is specifically approved by this permit.

13. This permit does not authorize the use of rock chopping (use of hydraulic cutter without suction) as a dredging technique.

14. Statewide Programmatic Biological Opinion (SPBO): The Permittee provided information to the U. S. Fish and Wildlife Service (FWS) during consultation for manatee. The Permittee has reviewed the Reasonable and Prudent Measures, Terms and Conditions of the SPBO dated March 13, 2015, and agreed to follow the measures included to minimize impacts to the manatee. The FWS provided concurrence that the maintenance dredging activities and sand placement activities are consistent with the SPBO provide the Permittee follows the term and conditions.

15. Manatee:

a. The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment F).

b. To reduce the risk of a vessel crushing a manatee, the Applicant shall install fenders or buoys that provide a minimum standoff distance of at least 4 ft under maximum compression, and shall be utilized between moored vessels, or two vessels that are moored together.

c. Any objects (e.g., pipe, rope, cords, etc.) placed in the water shall be properly secured and regularly monitored to prohibit manatee entanglement or entrapment.

d. Any bilge or other water discharge unit that may attract manatees shall be prohibited.

e. For all in-water work, one observer on each vessel shall be dedicated to the task of watching for manatees, performing no other duties that would interfere with manatee observation. The observer(s) must have experience in manatee observation and be equipped with polarized sunglasses to aid in observation. The observer(s) must be on site during all in-water construction activities and will advise personnel to cease operation upon sighting a manatee within 50 ft of any in-water construction activity.

f. If conditions (e.g., weather, heavy currents, etc.) are such that manatees cannot be observed within 50-100 ft, in-water activities shall not be conducted.

16. Fill Material: The Permittee shall use only clean fill material for this project.

The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act.

17. Pre-Construction Meeting: The Permittee will schedule a pre-construction meeting with the Enforcement Section representative no later than 2 weeks prior to the start of work to review the limitations and special conditions of the permit. During this meeting participants will be required to sign a form acknowledging knowledge and comprehension of what has been authorized and associated requirements. The Permittee should not start work prior to the pre-construction meeting without written approval by the Corps.

18. Points of Contact: The Permittee shall provide a list of all points of contact associated with the project within 14 days from initiation of work to the address identified in Reporting Address Special Condition. The list should include area of responsibility and contact information for each point of contact.

19. Dredging Quality Management (DQM): All dump scows shall be equipped with DQM system for monitoring purposes. The system must have been certified by the Engineer Research and Development Center (ERDC) within the last year. The DQM must be turned on and transmitting during the transporting of the dredged material and/or dumping operations.

20. Programmatic Piping Plover Biological Opinion (P3BO): The Permittee provided information to the U. S. Fish and Wildlife Service (FWS) during consultation for the Port Everglades Sand Bypass. The Permittee has reviewed the Reasonable and Prudent Measures, Terms and Conditions of the P3BO dated 2013, and agreed to follow the measures included to minimize impacts to the piping plover and red knot. The FWS provided concurrence that the sand placement activities are consistent with the P3BO provide the Permittee follows the term and conditions of the P3BO and the following revised Conservation Measure #2 contained herein: One preconstruction winter shorebird survey will be conducted within a 10-day timeframe beginning the first Friday in February, as outlined in the Florida Shorebird Alliance’s Winter Shorebird Survey (http://flshorebirdalliance.org). If the February preconstruction survey is not possible, two preconstruction winter shorebird surveys will be conducted as close as possible to the February dates and at least 15 days apart, and reported to the FWC (https://public.myfwc.com/crossdoi/ shorebirds/loginform.aspx). Preconstruction surveys will not be conducted between May 16 and July 14. If piping plovers are documented during the preconstruction survey, the Service will be contacted for potential implementation of additional conservation measures prior to construction commencement. In addition, a February winter shorebird survey will be conducted as outlined above, for 2 years post-initial construction and post each bypassing event. All shorebird survey data will be reported to the Service annually upon completion.

21. US Fish and Wildlife Service Biological Opinion: This permit does not authorize the Permittee to take a threatened or endangered species, in particular the sea turtles.

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 BO under ESA Section 7, with “incidental take” provisions with which you must comply).

The enclosed United States Fish and Wildlife Service Biological Opinion (BO) (Attachment G) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” that is also specified in the BO. Authorization under this permit is conditional upon compliance with all of the mandatory terms and conditions associated with incidental take of the enclosed BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with this permit. The United States Fish and Wildlife Service is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

22. National Marine Fisheries Service Biological Opinion: This permit does not authorize the Permittee to take an endangered species, in particular the listed corals and designated critical habitat for listed corals. 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 BO under ESA Section 7, with “incidental take” provisions with which you must comply). The enclosed National Marine Fisheries Service Biological Opinion (BO) (Attachment E) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” that is also specified in the BO. Authorization under this permit is conditional upon compliance with all of the mandatory terms and conditions associated with incidental take of the enclosed BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with this permit. The National Marine Fisheries Service is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

23. The Permittee shall conduct a pre-construction biological survey within 30 days prior to commencement of work and within 30 days post-construction.

Port Everglades ODMDS

24. U.S. Environmental Protection Agency (EPA) Concurrency: The EPA concurrency has been provided and is valid until March 20, 2023. After March 20, 2023, 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.

25. Site Management and Monitoring Plan: The Permittee shall comply with all specifications and condition of the current Port Everglades ODMDS Site Management and Monitoring Plan.

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

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 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. Once excessive leakage is discovered, it shall be reported immediately as directed in the Disposal Operations Compliance special condition.

28. Disposal Operations Compliance: The Permittee shall ensure the vessel(s) used to transport dredged material to the Port Everglades 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 404-562-8082.

b. Written notification including a narrative description of the violation shall be emailed to the Corps at SAJ-RD-Enforcement@usace.army.mil and to the U.S.

Environmental Protection Agency at lehmann.wade@epamail.epa.gov 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-SLR), and the type of violation.

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. To avoid navigational and monitoring hazards, loads consisting primarily of material larger than sand (rock) must be dispersed so as not to create significant mounding.

30. 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 ODMDS. If the vessel cannot be closed, a visual inspection to verify all contents are emptied shall be performed and notation made prior to leaving the site.

31. Electronic Tracking System: The Permittee shall use the electronic tracking system, Dredging Quality Management (DQM) that will continuously track the horizontal location and draft condition of the disposal vessel (hopper dredge or disposal barge or scow) to and from the Port Everglades ODMDS. Data shall be collected at least every 500 feet during travel to and from the ODMDS and every minute or every 200 feet of travel, whichever is smaller, while approaching within 1,000 feet and within the ODMDS.

The Permittee shall use Florida State Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall be reported to the nearest foot and latitude and longitude coordinates shall be reported as decimal degrees out to 6 decimals. Westerly longitudes are to be reported as negative. Draft readings shall be recorded in feet out to 2 decimals. If the electronic positioning system fails or navigation problems are detected, all disposal operations shall cease until the failure or navigation problems are corrected.

32. Load Data: The Permittee shall record electronically for each load the following information:

a. Load Number

b. Disposal Vessel or Scow Name

c. Tow Vessel Name (if scow used)

d. Captain of Disposal or Tow Vessel

e. Estimated volume of Load

f. Description of Material Disposed

g. Source of Dredged Material

h. Date, Time and Location at Start at Initiation and Completion of Disposal Event

i. The ETS data required by the Electronic Tracking System Special Condition.

33. Electronic Data: The Permittee shall provide electronic data required by the Electronic Tracking System and Load Data Special Conditions to EPA Region 4 on a weekly basis. The data shall be submitted as an Extensible Markup Language (XML) document via Internet e-mail to DisposalData.R4@epa.gov.

XML data file format specifications are available from EPA Region 4.

34. Post-Disposal Data: The Permittee shall submit Post-Disposal Data to the Corps and EPA at the address referenced in the Reporting Addresses Special Condition documenting compliance with all general and special conditions defined in this permit. The Post-Disposal Data shall be sent within 90 days after completion of the disposal operations authorized by this permit. The Post-Disposal Data shall include the following information:

a. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit or the general and special conditions shall be explained in detail.

b. The Disposal Summary Report shall include the following information:

dredging project title; dates of disposal; permit number and expiration date; name of contractor conducting the work; name and type of vessel(s) disposing material in the ODMDS; disposal timeframes for each vessel; volume disposed at the ODMDS (as paid in situ volume, total paid and un paid in situ volume, and gross volume reported by dredging contractor); number of loads to ODMDS; type of material disposed at the ODMDS; identify any misplaced material (outside disposal zone or the ODMDS boundaries) and associated impacts; dates of pre-disposal and post disposal bathymetric surveys of the ODMDS; and a narrative discussing any violation(s) of the 103 permit (if applicable). The disposal summary report shall be accompanied by the bathymetry survey results (plot and X, Y, Z, ASCII data file).

35. Bathymetric Survey: The Permittee shall conduct a bathymetric survey of the Port Everglades ODMDS within 90 days prior to project disposal and within 60 days following project completion in accordance with the following:

a. The number and length of the survey transects shall be sufficient to encompass the Port Everglades ODMDS and a 500-foot-wide area around the site. The transects shall be spaced at 500-foot intervals or less.

b. Vertical accuracy of the survey shall be ±0.5 feet. Horizontal location of the survey lines and depth sounding points will be determined by an automated positioning system utilizing either microwave line of site system or differential global positioning system. The vertical datum shall be mean lower low water (MLLW) and the horizontal datum shall use Florida State Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall be reported to the nearest 0.10 foot and latitude and longitude coordinates shall be reported as decimal degrees to 6 decimal points.

Artificial Reef

36. Compensatory Mitigation: Within 6 months from the date of initiating the work authorized by this permit, the Permittee shall complete all construction and implementation mitigation activities in accordance with the National Marine Fisheries Biological Opinion included as Attachment # of this permit.

37. Remediation: If the compensatory mitigation fails to meet the performance standards 3 years after completion of the compensatory mitigation objectives, the compensatory mitigation will be deemed unsuccessful. Within 60 days of notification by the Corps that the compensatory mitigation is unsuccessful, the Permittee shall submit to the Corps an alternate compensatory mitigation proposal sufficient to create the functional lift required under this permit. The alternate compensatory mitigation proposal may be required to include additional mitigation to compensate for the temporal loss of wetland functions associated with the unsuccessful compensatory mitigation activities.

The Corps reserves the right to fully evaluate, amend, and approve or reject the alternate compensatory mitigation proposal. Within 120 days of Corps approval, the Permittee will complete the alternate compensatory mitigation proposal.

38. Mitigation Release: The Permittee’s responsibility to complete the required compensatory mitigation, as set forth in the Attachment E of this permit will not be considered fulfilled until mitigation success has been demonstrated and written verification has been provided by the Corps. A mitigation area which has been released will require no further monitoring or reporting by the Permittee; however the Permittee, Successors and subsequent Transferees remain perpetually responsible to ensure that the mitigation area(s) remain in a condition appropriate to offset the authorized impacts in accordance with General Condition 2 of this permit.

39. Initial Agency Notification: The Permittee shall provide to the U.S. Army Corps of Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), and U.S.

Coast Guard (USCG) written notification of the planned deployment start date at least 2 weeks prior to the initial deployment on the authorized artificial reef site.

40. Authorized Reef Materials: No reef materials or module will weigh less than 500 pounds. Reef materials shall be clean and free from asphalt, petroleum, other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. All artificial reef materials and/or structures will be selected, designed, constructed, and deployed to create stable and durable marine habitat. The Permittee shall deploy only the following authorized reef materials: Natural rock boulders and other pre-cast concrete material such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material.

41. Reef Parameters: The Permittee shall deploy all reef materials within the site boundaries as defined on Attachment H (2 pages). .A 0.2-acre boulder reef will be constructed just south of the rock rubble barrier. It will be approximately 200 feet in length, placed in water depths that range from -12 to -16 feet NAVD. This reef will serve as a coral nursery and transplant location for corals within the unexcavated portion of the rubble shoal. A 0.3-acre boulder reef will also be constructed in approximately 40 feet of water offshore of Ft. Lauderdale, and will serve as a coral nursery.

42. Violation of Reef Parameters Notification: In the event reef material is deployed in a location or manner contrary to the Reef Parameters Special Condition, the Permittee shall immediately notify the USCG Station and provide information as requested by the station. The Permittee shall notify NOAA, USCG and Corps in writing within 24 hours of the occurrence. At a minimum the written notification shall explain how the deployed material exceeds the authorized reef parameters, a description of the material, a description of the vessel traffic in the area, the deployment location in nautical miles at compass bearing from obvious landmarks, the location of the unauthorized material in latitude and longitude coordinates (degree, minute, decimal minute format to the third decimal place), and the water depth above the material from MLW. The document will list the information provided by telephone to the USCG as noted above and include the time of the call and the name of the USCG personnel receiving the information.

43. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished by diver, submersible video camera, fathometer, depth/bottom sounder (e.g. “fish finder”), or side-scan sonar. The inspection of the deployment area may occur at the time of deployment, but no more than 1 year prior to deployment. The Permittee shall maintain a deployment buffer of at least 200 feet from any submerged beds of sea grasses, coral reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom-dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 200 feet from these resources.

44. The Permittee shall provide the information obtained from the assessment to the Corps no less than 14 days prior to deployment of material on an artificial reef in conjunction with the pre-deployment notification.

45. Pre-Deployment Notification: No less than 14 days prior to deployment of material on an artificial reef, the Permittee shall transmit by electronic mail (“email”) a complete and signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form (Attachment I), to the Corps and Florida Fish and Wildlife Conservation Commission (FWC) to allow inspection of the proposed reef materials as deemed necessary by the agencies. Inspection is allowable at the staging area. By signing the Pre-Deployment Notification the Permittee certifies all materials are free from asphalt, petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy material if notified by the Corps or FWC that the material is questionable. The material needs to be evaluated before it is released for deployment. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site.

46. Deployment of the material shall not occur until after the end of the 14-day inspection period. The Permittee shall ensure both a copy of this permit and the signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form are maintained aboard the deployment vessel at all times during loading, transit, and deployment.

47. Post-Deployment Placement Report/As-Built Drawing: No less than 30 days after deployment at the reef site, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed “Florida Artificial Reef Materials Placement Report and Post-Deployment Notification” form (Attachment K).

Please note, the Corps requires the latitude and longitude to be accurate within 5 meters horizontal distance on the post-deployment report. Attach to the report an as-built drawing containing the approximate deployment configurations and the height of the material after placement. Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to within 1 meter. Also, include information on the condition of the material at the time of deployment. The report and drawing shall be limited to a few pages per deployment. Representative photographs and/or video, if available, should be submitted.

48. Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies and acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the ability to assume liability for all damages that may arise with respect to the artificial reef.

49. Marine Life Entrapment: Neither reef structure nor material or the method of design or deployment should pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. The Permittee shall take all necessary action to minimize this risk. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the Enforcement Section by telephone at 561-472-3529 and the National Marine Fisheries Service by telephone at 727-824-5301.

50. Daylight Hours: All artificial reef construction activities must be completed during daylight hours.

51. Benthic Assessment: No artificial reef materials shall be deployed until a benthic assessment of the bottom conditions has been accomplished by diver or submersible video camera. The inspection of the deployment area may occur at the time of deployment but no more than 1 year prior to deployment. The permittee shall maintain a deployment buffer of at least 200 ft from any submerged aquatic resources, including seagrasses, macroalgae, hard or soft coral (including coral reefs), sponges, oysters, or hard bottom when placed in areas of sand. If materials are off-loaded from a barge or placed in areas that may generate turbidity (e.g., areas with fines or muck), a 500 ft buffer is required.

52. Cleaning: All reefs must be cleaned annually to remove marine debris and derelict fishing line in areas safely accessible to recreational SCUBA divers.

53. Reef Construction: Reef structures, materials, and installation methods shall be designed and deployed to prevent entanglement and entrapment of listed species.

54. Explosives: Use of explosive to construct projects to deploy reef material are not authorized.

55. Adaptive Management: If it is determined that the requirements under the Special Conditions of this Permit or the Terms and Conditions associated with National Marine Fisheries Service’s Biological Opinion is determined to be impractical to implement due to onsite conditions; the Permittee with collaboration with National Marine Fisheries Service shall submit to the Corps an adaptive management plan that will still meet the intent of the Biological Opinion. The adaptive management plan may be required to include additional mitigation to compensate for the temporal loss of hardbottom functions. The Corps reserves the right to fully evaluate, amend, and approve or reject the adaptive management proposal. Within 120 days of Corps approval, the Permittee will complete the adaptive management plan.

56. Section 408 Approval: The Permittee shall adhere to the conditions and limitations referenced in the Section 408 approval memo in Attachment L of this permit. All documentation required in the Section 408 approval memo, including GPS locations of the limits of the work performed, signed and sealed As-Built Drawings, and the date the work was…