ACOE_-_NWP_Permit_#_SAJ-2024-02241_.pdf

PDF 252 KB Posted

Attached to
Brickyard Road Drainage Improvements Construction - CDBG-DR HS005
Solicitation number
PD 25-26.061
Issued by
Escambia County, Florida

About this file

This is a Department of the Army Permit issued by the U.S. Army Corps of Engineers, Tulsa District, in coordination with the Jacksonville District Regulatory Office, authorizing work for Escambia County Engineering Department in Florida. The permit (SAJ-2024-02241) authorizes replacement of an existing culvert crossing on Brickyard Road in Molino, Florida, which involves removing a 48-inch standpipe and 59 linear feet of 36-inch CMP pipe along with 61 linear feet of 72-inch RCP pipe, and replacing them with 167 feet of 36-inch RCP and 66 linear feet of 50-inch steel casing installed via jack and bore method. The project will result in 53 square yards of fill (124 cubic yards) within wetlands associated with Pine Barren Creek. The permit was issued on May 28, 2025, and is valid until March 14, 2026. The permittee must submit a Commencement Notification Form within 10 days of initiating work and a Self-Certification Statement of Compliance within 60 days of project completion.

The permit is issued under Section 404 of the Clean Water Act and is classified as a Nationwide Permit 18 (Minor Discharges). The permittee must comply with Nationwide Permit General Conditions, Jacksonville District Regional Conditions, and project-specific special conditions, including erosion control measures, Eastern Indigo Snake protection measures, and gopher tortoise burrow excavation protocols as outlined by the U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission. The permittee is responsible for obtaining all additional federal, state, and local permits and must coordinate with the Florida Fish and Wildlife Conservation Commission regarding state-listed species protection. The permit remains binding on future property owners, and if the NWP is modified or revoked, the permittee has 12 months from the modification or revocation date to complete the authorized activity under existing terms and conditions.

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DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 EAST 81ST STREET

TULSA, OKLAHOMA 74137-4290

May 28, 2025

SAJ-2024-02241

Regulatory Office

Mr. Rob McCracken Escambia County Engineering Department 3363 W Park Pl Pensacola, FL 32505

Dear Mr. McCracken:

The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit dated June 24, 2024. Your application was assigned file number SAJ-2024-02241. A review of the information and drawings provided indicates that the proposed work would replace the existing culvert crossing on Brickyard Road. This replacement would include the removal of the existing 48” standpipe and 59 linear feet of 36” CMP pipe which runs under Brickyard Road and 61 linear feet of 72” RCP pipe. The existing structures would be replaced with 167’ of 36” RCP and 66 linear feet of 50” steel casing through jack and bore.

The proposed project would have 53 square yards of fill (124 cubic yards) within wetlands associated with Pine Barren Creek. The activities subject to this permit are authorized pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C.

§ 1344). The project is located at latitude 30.756468, longitude -87.322226, Brickyard Road, Molino, Florida, 32534, Section 23, Township 3 North, Range 31 West.

Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) 18 (Minor Discharges). This verification is valid until March 14, 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, 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 NWP 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. You can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book webpage for links to view NWP information at:

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, you will need to select “Nationwide Permits.” Among other things, this part of the Source Book contains links to the federal register containing the text of the pertinent https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

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NWP authorization and the associated NWP general conditions, as well as separate links to the regional conditions applicable to the pertinent NWP verification.

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

c. The Permittee shall reference this permit number, SAJ-2024-02241, 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. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

5. Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with U.S. Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated August 12, 2013, as provided in Attachment 4 of this permit. All gopher tortoise burrows, active or inactive, shall be evacuated prior

-3-to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a Florida Fish and Wildlife Conservation Commission (FWC) Authorized Gopher Tortoise Agent permit. The excavation method selected shall minimize the potential for injury of an indigo snake. The Permittee shall follow the excavation guidance provided in the most current FWC Gopher Tortoise Permitting Guidelines found at http://myfwc.com/gophertortoise. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work.

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

This 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’ Tulsa District Regulatory Office 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

-4-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 referenced in this letter, please contact Mr. David Carraway via phone at 918-669-7618, or via email at david.w.carraway@usace.army.mil.

Sincerely, Andrew R. Commer Chief, Regulatory Office cc: Mr. Chris Bosso, Universal Engineering Services

Enclosures Permit Transfer Request Commencement Notification Form Self-Certification of Compliance Eastern Indigo Snake Protection Measures Permit Drawings (4 pages) https://regulatory.ops.usace.army.mil/customer-service-survey/

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DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

DA PERMIT NUMBER: SAJ-2024-02241

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire.

To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Regulatory Division, 2488 E 81st Street, Tulsa, Oklahoma 74137.

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

___________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

2025-05-30T11:15:22-0500
COMMER.ANDREW.R.1231387931

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