3r_Corp Permit NAE-1999-00444.pdf

MAINE GENERAL PERMITS (GPs)

AUTHORIZATION LETTER AND SCREENING SUMMARY

CORPS PERMIT #

CORPS GPs

STATE ID#

DESCRIPTION OF WORK:

LAT/LONG COORDINATES: N W USGS QUAD:________________________

I. CORPS DETERMINATION:

Based on our review of the information you provided, we have determined that your project will have only minimal individual and cumulative impacts on waters and wetlands of the United States. Your work is therefore authorized by the U.S. Army Corps of Engineers under the Federal Permit, the Maine General Permits (GPs) which can be found at: https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Maine-General- Permit/ Accordingly, we do not plan to take any further action on this project.

You must perform the activity authorized herein in compliance with all the terms and conditions of the GP [including any attached Additional Conditions and any conditions placed on the State 401 Water Quality Certification including any required mitigation]. Please review the enclosed GPs, including the GPs conditions beginning on page 5, to familiarize yourself with its contents. You are responsible for complying with all of the GPs requirements;

therefore you should be certain that whoever does the work fully understands all of the conditions. You may wish to discuss the conditions of this authorization with your contractor to ensure the contractor can accomplish the work in a manner that conforms to all requirements.

If you change the plans or construction methods for work within our jurisdiction, please contact us immediately to discuss modification of this authorization. This office must approve any changes before you undertake them.

Condition 45 of the GPs (page 19) provides one year for completion of work that has commenced or is under contract to commence prior to the expiration of the GPs on October 14, 2025. You will need to apply for reauthorization for any work within Corps jurisdiction that is not completed by October 14, 2026.

This authorization presumes the work shown on your plans noted above is in waters of the U.S. Should you desire to appeal our jurisdiction, please submit a request for an approved jurisdictional determination in writing to the undersigned.

No work may be started unless and until all other required local, State and Federal licenses and permits have been obtained. This includes but is not limited to a Flood Hazard Development Permit issued by the town if necessary.

II. STATE ACTIONS: PENDING [ X ], ISSUED [ ], DENIED [ ] DATE

APPLICATION TYPE: PBR: , TIER 1: , TIER 2 : , TIER 3: X , LURC: _____ DMR LEASE: _____ NA: _____

III. FEDERAL ACTIONS:

JOINT PROCESSING MEETING: 14MAY2020 LEVEL OF REVIEW: SELF-VERIFICATION:___ PRE-CONSTRUCTION NOTIFICATION: _X_

AUTHORITY (Based on a review of plans and/or State/Federal applications): SEC 10 , 404 X 10/404 , 103_______

EXCLUSIONS: The exclusionary criteria identified in the general permit do not apply to this project.

FEDERAL RESOURCE AGENCY OBJECTIONS: EPA_NO__, USF&WS_NO__, NMFS_NO__

If you have any questions on this matter, please contact my staff at 978-318-8676 at our Augusta, Maine Project Office. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

JANA JACOBSON FRANK J. DEL GIUDICE

PROJECT MANAGER CHIEF, PERMITS & ENFORCEMENT BRANCH

MAINE PROJECT OFFICE REGULATORY DIVISION

DAVID CASS

U.S. COAST GUARD: CIVIL ENGINEERING UNIT

475 KILVERT STREET,

SUITE 100

WARWICK, MASSACHUSETTS 02886-1379

NAE-1999-00444

L-19053-4E-H-N

-67.615936°

JONESPORT, ME 44.526883º

Dredge approximately 5,076 cubic yards of mixed sand and silt within a 73,000 sf area to depths between -10 to -12 MLLW with an overdredge of one foot. Work will occur in the Moosabec Reach at 9 Bridge Street, Jonesport, Maine.

Disposal will occur at the Douglas Island disposal site.

This work is shown on the attached plans entitled “Vicinity Map” in one page dated 1/23/20, “Proposed Plan” in one sheet dated 3/31/21, “Dredge Sections” in three pages dated 1/23/20, and “Disposal Transportation Route” in one sheet, undated. See special conditions, attached.

https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Maine-General-Permit/ https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Maine-General-Permit/ http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

PLEASE NOTE THE FOLLOWING SPECIAL CONDITIONS FOR

DEPARTMENT OF THE ARMY

MAINE GENERAL PERMITS 5

PERMIT NO. NAE-1999-00444

SPECIAL CONDITIONS

1.The First Coast Guard District, Local Notice to Mariners Office, (617) 223-8356, and Aids to Navigation Office, (617) 223-8347, shall be notified at least ten working days in advance of the intended start date of the location and estimated duration of the dredging and disposal operations.

2. The U.S. Coast Guard, Sector Northern New England, Waterways Management Section, (207) 347-5026, shall be notified at least ten working days in advance of the intended start date of the location and estimated duration of the dredging and disposal operations.

3. Prior to the initial dredge/disposal action, or any time dredging/disposal resumes after ceasing for 30 days or more, you or your representative must submit the enclosed Dredge and Disposal Request Form at least 10 working days before dredging or disposal is expected to begin or resume. Dredging/disposal must not begin or resume until the Corps issues a Dredge and Disposal Approval Letter. The letter will include the approved start and end dates. You must contact us (see contact information below) as early as possible to request an extension if you anticipate not completing dredge or disposal operations before the approved end date.

4. Except when directed otherwise by the Corps for site management purposes, disposal of dredged material is not permitted unless the following requirements can be met:

a. Dredged material shall be released at a specified set of coordinates within the disposal site provided in the Dredge and Disposal Approval Letter with the scow moving at a speed of 3 knots or less.

b. Disposal shall occur with the scow within 300 feet of the disposal coordinates provided in the Dredge and Disposal Approval Letter.

c. If following the requirements in (a) and (b) above is unsafe, e.g., due to weather or sea conditions, disposal with the scow moving only fast enough to maintain safe control is permitted. In that regard, special attention needs to be given to predicted conditions prior to departing for the disposal site. If disposal occurs without complying with (a) or (b) above, you, your representative, or the captain of the disposal vessel, must notify the Corps DQM contact immediately (see contact information below). Leave a voice message with the relevant information if no one answers. Information provided shall include disposal coordinates, permit number, volume disposed, date and time of disposal, circumstances of incident, disposal vessel name, name of caller, and phone number of caller. In addition, a detailed written report with supporting documentation shall be provided to the Corps within 48 hours following any non-compliant event.

5. National Dredging Quality Management (DQM) Program Requirements:

a. Discharges of dredged material involving open-water disposal and confined aquatic disposal cells require monitoring by the contractor, which must be performed using the DQM system software and hardware system developed by the Corps. Please address questions regarding certification to the Corps New England District DQM contact (see contact information below).

b. You are required to follow the DQM specifications, including the DQM information transfer protocol, located at http://dqm.usace.army.mil. The Corps must have certified each disposal vessel used for this project within a year of the disposal activity and you must send the DQM Certification and the Annual System Quality Assurance Verification to the Corps with the Dredge and Disposal Request Form. You are responsible for ensuring that the DQM system is operational throughout the project and that project data are submitted to the National DQM Support Center in accordance with the specifications provided at the aforementioned website. Disposal may not take place if any component of the DQM system is inoperable unless otherwise authorized by the Corps New England District DQM contact (see contact information below). An alternative recording of the absent data stream must be maintained if any of the DQM-certified telemetry ceases operation during a disposal trip. The breakdown of any DQM-certified telemetry must be reported to the DQM contact and repaired within 48 hours to keep the scow fully compliant with permit conditions.

Unless weather, safety or sea state conditions prevent it, the hull doors must be fully closed on split hull scows before the vessel leaves the disposal site.

c. The DQM system used by the permittee must be capable of providing the information necessary for the Scow Monitoring Profile Specification. The permittee must provide the Corps with a: i) “Weekly Summary Report Form” at the end of each week that dredging and disposal activities are conducted for the duration of the project; and ii) “Seasonal/Final Completion of Dredging with Open-Water Disposal Report Form” upon completion of dredging and disposal for the season and project. These will be provided to you with the Dredge and Disposal Approval Letter that authorizes the initiation or continuation of disposal operations. You must make the data collected by the DQM system available to the Corps upon request.

d. Prior to the initial dredge/disposal action, or any time dredging/disposal resumes after ceasing for 30 days or more, you or your representative must submit the enclosed Dredge and Disposal Request Form at least 10 working days before dredging or disposal is expected to begin or resume. Dredging/disposal must not begin or resume until the Corps issues a Dredge and Disposal Approval Letter. The letter will include the approved start and end dates, and disposal point coordinates that may differ from those specified for other projects using the same disposal site or even from those specified earlier for this project. You must contact us (see contact information below) as early as possible to request an extension if you anticipate not completing dredge or disposal operations before the approved end date.

6. Unless otherwise stated, all submittals related to these special conditions for dredging and disposal shall be emailed to the DQM contact, Norm Farris, charles.n.farris@usace.army.mil and cenae-r-pats@usace.army.mil. If it is necessary to provide a paper copy of any submittal, please also provide a digital copy or communicate with our staff if this is not possible. Please send paper copies to: a) MAIL: PATS Branch - Regulatory Division, Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751; or

b) FAX: (978) 318-8303. Direct dredge related questions to (978) 318-8336. Documents which are not addressed in this manner may not reach their intended destination and do not comply with the requirements of this authorization.

Special Conditions Endangered Species Act Special Conditions

In order to protect endangered species and comply with the 2017 NLAA Programmatic Agreement, the following conditions apply:

1. Disposal vessels including tugs, barges, and scows transiting between the dredge site and the disposal site shall operate at speeds not to exceed 10 knots. For unanticipated conditions, a vessel may operate at a speed necessary to maintain safe maneuvering speed instead of the required 10 knots. The intent of this condition is to reduce the potential for vessel collisions with endangered turtles and fish.

2. A marine mammal/turtle observer with written approval from the National Marine Fisheries Service (NMFS) (https://www.fisheries.noaa.gov/new-england-mid-atlantic/careersand-opportunities/protected-species-observers), hereafter referred to as the “endangered species observer”, and contracted and paid for by the permittee, must be present aboard disposal vessels for transportation and disposal activities to and from the disposal site. Or, in lieu of a NMFS-approved endangered species observer, the disposal vessel operator can assign a crewmember to be the designated lookout for that trip. The name of the endangered species observer or designated lookout must be recorded in the logbook and is required to be on lookout for sea turtles for the duration of the trip.

3. The captain, endangered species observer or designated lookout shall:

a. Report any interactions with listed species as soon as possible (within 24-hours) to the NMFS Marine Animal Response Hotline at

(866) 755-NOAA or USCG via CH-16 and immediately report any injured or dead marine mammals or sea turtles to NMFS at (866)

755-NOAA.

b. At the end of a disposal operation, submit a report by email to Jana Jacobson, cenae-nav@usace.army.mil and incidental.take@noaa.gov summarizing the vessel route taken, number of trips, sightings of ESA-listed species, and any action taken to avoid interactions with ESA-listed species.

4. The vessel captain shall:

a. Lookout for turtles at all times; and

b. Avoid transit and disposal when visibility is lessened (e.g., at night, fog) to an extent that would preclude an endangered species observer from spotting a sea turtle within 600 feet. Disposal shall not be permitted if these requirements cannot be met due to weather or sea conditions. In that regard, the permittee and contractor should be aware of predicted conditions before departing for the disposal site. The intent of this condition is to reduce the potential for vessel collisions with endangered species; and

c. Avoid harassment of or direct impact to turtles except when precluded by safety considerations; and

d. Ensure that dredged material is not released if turtles are within 600 feet of the specified disposal point. The captain must check in with observer or designated lookout prior to releasing the dredged material. If turtles are within these distances and appear to be moving away from the specified disposal point, within these distances and appear to be remaining stationary, or outside these distances but appear to be moving towards the specified disposal point, the vessel captain shall wait until they have cleared the specified disposal point by these distances and are not moving towards it, and then proceed with disposal at the specified disposal point.

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Text Box

NAE-1999-00444

E6RDCJLJ

44.526883, -67.615936

NAE-1999-00444

NOTES:

KEYMAP:

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(Minimum Notice: Permittee must sign and return notification within one month of the completion of work.)

COMPLIANCE CERTIFICATION FORM

Corps of Engineers Permit No: NAE-1999-00444

Name of Permittee: U.S. Coast Guard: Civil Engineering Unit

Permit Issuance Date: October 14, 2020

Please sign this certification and return it to the following address upon completion of the activity and any mitigation required by the permit. You must submit this after the mitigation is complete, but not the mitigation monitoring, which requires separate submittals.

* MAIL TO: U.S. Army Corps of Engineers, New England District *

* Policy & Technical Support Branch *

* Regulatory Division *

* 696 Virginia Road *

* Concord, Massachusetts 01742-2751 *

Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the above referenced permit, and any required mitigation was completed in accordance with the permit conditions.

Signature of Permittee Date

Printed Name Date of Work Completion

Telephone Number Telephone Number

GENERAL PERMIT

WORK-START NOTIFICATION FORM

(Minimum Notice: Two weeks before work begins)

EMAIL TO: Jana.L.Jacobson@usace.army.mil

-or-

MAIL TO: Jana Jacobson

U.S. Army Corps of Engineers, New England District Maine Project Office 442 Civic Center Drive, Suite 350 Augusta, Maine 04330

Corps of Engineers Permits (No. NAE-1999-00444) were issued to the U.S. Coast Guard: Civil Engineering Unit. The permits authorized the permittee to dredge approximately 5,076 cubic yards of mixed sand and silt within a 73,000 sf area to depths between -10 to -12 MLLW with an overdredge of one foot. Work will occur in the Moosabec Reach at 9 Bridge Street, Jonesport, Maine. Disposal will occur at the Douglas Island disposal site.

The people (e.g., contractor) listed below will do the work, and they understand the permit's conditions and limitations.

PLEASE PRINT OR TYPE

Name of Person/Firm:

Business Address:

Telephone: ( ) ( )

Proposed Work Dates: Start:

Finish:

PERMITTEE'S SIGNATURE: DATE:

PRINTED NAME: TITLE:

FOR USE BY THE CORPS OF ENGINEERS

Project Manager: JACOBSON Submittals Required: No

Inspection Recommendation: routine Maine General Permits compliance mailto:Jana.L.Jacobson@usace.army.mil