ACOE_Permit_SAJ-2012-01261_NWP-BW.pdf

Regulatory Division Cocoa Section

SAJ-2012-01261 (NWP-BW)

Mr. Steve Juengst City of Holly Hill 453 LPGA Blvd.

Holly Hill, FL 32117

Dear Mr. Juengst:

Your application for a Department of the Army permit has been assigned number SAJ- 2012-01261 (NWP-BAW). Review of the information and drawings provided shows the proposed work is to install a replacement seawall at Riverside Park. The proposed construction includes:

1) Install a 200 linear ft. vinyl seawall within the approx. footprint of an existing seawall, The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344).

The project is located at Riverside Park, on the Halifax River, in Section 37, Township 15 South, Range 33 East, Holly Hill, Volusia County, Florida.

Latitude 29.23166°, Longitude -81.02664°.

Your project, as depicted on the enclosed drawings, is authorized by Nationwide General Permit (NWP) Number 13, which is valid until March 14, 2026.

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 the proposed activities before the date that this NWP is modified or revoked, you will have 12 months from the date of the modification or revocation to complete the activities under the present terms and conditions of this NWP.

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

400 HIGH POINT DRIVE, SUITE 600

COCOA, FLORIDA 32926-6630

July 31, 2024

REPLY TO

ATTENTION OF

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

You must comply with all the special and general conditions for NWP-13, including any project-specific conditions included in this letter and all conditions incorporated by reference as described above.

The following project-specific conditions are included with this authorization:

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.

The Permittee shall reference this permit number SAJ-2012-01261 on all submittals.

2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit (form included).

3. Self-Certification of Compliance: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form and submit it to the Corps. If 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.

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/ mailto:SAJ-RD-Enforcement@usace.army.mil

4. Cultural Resources/Historic Properties:

a No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.

b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions.

c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps.

5. Turbidity/Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one (1) foot of the bottom around all work areas that are in, or adjacent to, surface waters. Turbidity barriers shall be made of material which listed species cannot become entangled (i.e., reinforced impermeable polycarbonate vinyl fabric [PVC]), and shall be monitored to ensure listed species are not entangled or trapped in the project areas. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all suspended and erodible materials have been stabilized. Turbidity barriers shall be removed upon stabilization of the work areas.

6. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. Failure to comply with applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at:

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

JAXBO may be subject to revision at any time. The most recent version of these JAXBO must be utilized during the design and construction of the permitted work.

7. Protected Species – West Indian Manatee: The permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” designed to protect the endangered West Indian Manatee; provided as an attachment to this permit.

8. 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.

9. Regulatory Agency Changes: Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that 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 Cocoa Regulatory Office.

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

This authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this NWP/GP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S.

You should check State-permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district.

This 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.

If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced GP, please contact me at the letterhead address, by telephone at 321-504-3771 ext. 0014, or by email at brian.a.west@usace.army.mil.

Sincerely, Brian West Project Manager, Cocoa Permits Section cc: Natalie Tejada (Dredging & Marine Consultants LLC) mailto:brian.a.west@usace.army.mil

GENERAL CONDITIONS

33 CFR PART 320-330

1. The time limit for completing the work authorized ends on the dates identified in the letter.

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 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 a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit

COMMENCEMENT

NOTIFICATION

Within 10 days of initiating the authorized work, submit this form via electronic mail to:

saj- rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2024-01261 (NWP-BAW)

2. Permittee Information:

Name: _____________________________________ ___

Email: ________________________________________

Address: ________________________________________

Phone: ________________________________________

3. Construction Start Date: ________________

4. Contact to Schedule Inspection:

Name: ________________________________________

Email: ________________________________________

Phone: ________________________________________

Signature of Permittee

Printed Name of Permittee

Date mailto:rd-enforcement@usace.army.mil

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Permit Number: NWP-13 Application Number: SAJ-2024-01261

Permittee’s Name & Address (please print or type): __________________________

Telephone Number: ___________________________________________________

Location of the Work: __________________________________________________

Date Work Started: ______________ Date Work Completed: ___________________

Description of the Work (e.g., bank stabilization, residential or commercial f illing, docks, dredging, etc.): ________________________

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

Describe Mitigation completed (if applicable):_____________________

Describe any Deviations from Permit (attach drawing(s) depicting the deviations):

I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s).

Signature of Permittee

Date

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

PERMIT NUMBER: SAJ-2024-01261 (NWP-BAW)

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, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or by electronic mail at saj-rd-enforcement@usace.army.mil.

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

__________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

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

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

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

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

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

Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/ or injury should also be reported to the U.S. Fish and Wildlife Service in Gainesville (1-352-448-9151), and emailed to FWC at ImperiledSpecies@myFWC.com.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8½ " by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at:

https://myfwc.com/wildlifehabitats/wildlife/manatee/education-for-marinas/. Questions concerning these signs can be forwarded to the email address listed above.

INDEX

CVR INDEX & LOCATION MAP

C-01 EXISTING CONDITIONS

C-02 AERIAL

C-03 DEMOLITION PLAN

C-04 SITE PLAN

C-05 BULKHEAD CROSS-SECTION

C-06 ENVIRONMENTAL NOTES

PROJECT ADDRESS: 135 RIVERSIDE DRIVE, DAYTONA BEACH, FL 32117

VOLUSIA

COUNTY

CITY COUNCIL

CHRIS VIA MAYOR

JOHN PENNY VICE MAYOR, DISTRICT 1

PENNY CURRIE DISTRICT 2

JOHN DANIO DISTRICT 3

ROY JOHNSON DISTRICT 4PROJECT

LOCATION

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FLORIDA

ENGINEER CERTIFICATION:

I HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL ENGINEER IN THE STATE

OF FLORIDA PRACTICING WITH DMC, DREDGING & MARINE CONSULTANTS LLC, A

CORPORATION, AUTHORIZED TO OPERATE AS AN ENGINEERING BUSINESS,

CERTIFICATE OF AUTHORIZATION # 9410, BY THE STATE OF FLORIDA DEPARTMENT OF

BUSINESS AND PROFESSIONAL REGULATION, AND THAT I, OR OTHERS UNDER MY

DIRECT SUPERVISION, HAVE PREPARED OR APPROVED THE EVALUATIONS, FINDINGS,

OPINIONS, CALCULATIONS, CONCLUSIONS OR TECHNICAL ADVICE HEREBY

REPRESENTED BY THESE DRAWINGS. THIS PLAN SET WAS PREPARED AT THE OWNER'S

INSTRUCTIONS AND IT IS THE OWNER'S RESPONSIBILITY TO SECURE ALL NECESSARY

STATE AND FEDERAL PERMITS TO CONSTRUCT THE PROJECT AS DEACTED WITHIN.

NOTE TO CONTRACTOR:

THESE DRAWINGS AND THE PROJECT SPECIFICATIONS ARE COMPLEMENTARY,

AND ANY REQUIREMENT OF ONE SHALL BE A REQUIREMENT OF THE OTHER. IT

IS THE CONTRACTOR'S RESPONSIBILITY TO EXAMINE THE DRAWINGS AND

SPECIFICATIONS AND TO COMPARE THE REQUIREMENTS OF EACH DIVISION

AND ENSURE THAT EACH TRADE OR SUBCONTRACTOR IS MAKING THE

ALLOWANCES NECESSARY TO PROVIDE THE OWNER A COMPLETE FACILITY,

OPERATIONAL IN ALL RESPECTS, UNLESS OTHERWISE SPECIFICALLY STATED

IN THE DRAWINGS OR PROJECT MANUAL.

IT IS ALSO THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE ENGINEER OF

ANY DEFICIENCIES OR DISCREPANCIES AMONG THE DIVISIONS OF THE

DRAWING AND SPECIFICATIONS PRIOR TO THE DEADLINE FOR BID SUBMITTAL.

NEITHER THE OWNER OR ENGINEER WILL BE RESPONSIBLE FOR ANY

DEFICIENCIES OR DISCREPANCIES RAISED AFTER THE BID OPENING.

ACCORDINGLY, IN LIGHT OF THESE OBLIGATIONS, THE ENGINEER IS

OBLIGATED TO INTERPRET THE DRAWINGS SPECIFICATIONS IN A MANNER

THAT WILL PROVIDE THE OWNER WITH A COMPLETE, FUNCTIONING FACILITY

FOR THE BID PRICE.

REPRODUCTION SCALE:

THESE PLANS SHALL BE PRINTED IN COLOR AND

ARE SCALED TO ACCURATELY BE REPRODUCED ON

11X17 SIZED SHEETS. ALL OTHER SHEET SIZES ARE

NOT TO SCALE.

PROJECT LOCATION MAP

SECTION 37, TOWNSHIP 15S, RANGE 33E

RIVERSIDE PARK

BULKHEAD REPLACEMENT

JUNE 07, 2024

PERMITTING DRAWINGS

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EXISTING RAILING AND PIER, FACING EAST DMC, 9-15-2022

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AERIAL

1" = 20'

PROPOSED 200 LF BULKHEAD TO

REPLACE EXISTING BULKHEAD

EXISTING PIER

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RIVERSIDE PARK OF

HOLLY HILL

LABINS, 2018

HALIFAX RIVER

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DEMOLITION PLAN

1" = 20'

200 LF BULKHEAD & RAILING TO

BE REMOVED AND REPLACED

PAVERS TO BE REMOVED AS

NEEDED FOR BULKHEAD AND

ANCHOR INSTALLATION

EXISTING PIER

TO REMAIN

EXISTING RIP RAP

TO REMAIN SAW-CUT @ GATE

PROPOSED TEMPORARY

TYPE II FLOATING TURBIDITY

BARRIER

PROPOSED TEMPORARY

SILT FENCING

Feet 0 20 40

M.H.W. EL.=(-)0.04' NAVD 88

M.L.W. EL.=(-)0.74' NAVD 88

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SITE PLAN

1" = 20'

200 LF BULKHEAD & RAILING

REPLACEMENT

UPLAND SITE TO BE RESTORED TO

PRE-CONSTRUCTION CONDITIONS

POST BULKHEAD AND ANCHOR

INSTALLATION

EXISTING PIER

TO REMAIN

EXISTING RIP RAP

TO REMAIN TIE INTO EXISTING

BULKHEAD

PROPOSED TEMPORARY

TYPE II FLOATING TURBIDITY

BARRIER

PROPOSED TEMPORARY

SILT FENCING

Feet 0 20 40

M.H.W. EL.=(-)0.04' NAVD 88

M.L.W. EL.=(-)0.74' NAVD 88

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ANCHORS (TYP.)

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BULKHEAD CROSS-SECTION A-A

1" = 4'

42"

PROPOSED 36"W X 24"H

CONCRETE CAP

PROPOSED UC-95

COMPOSITE SHEET PILE

B.O.W. EL.= TO BE DETERMINED

T.O.W. EL.=(+)6.33' NAVD 88

(MATCH EXISTING)

PROPOSED ALUMINUM RAILING

TO MATCH EXISTING

PROPOSED HELICAL ANCHORS, LENGTH AND DIAMETER

TO BE DETERMINED BASED ON AN INTERPRETATION OF

THE RESULTS OF LOAD TESTS

M.H.W. EL.=(-)0.04' NAVD 88

M.L.W. EL.=(-)0.74' NAVD 88

7'-0" PAVERS11" CONCRETE CURB

MUDLINE EL.=(-)1.00' NAVD 88

NOTE:

ALL PAVERS REMOVED DURING SEAWALL AND

ANCHOR CONSTRUCTION SHALL BE REINSTALLED.

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