Appendix_1_-_USCOE_Permit.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: Ms. Melanie Weed

Pinellas County Environmental Management 22211 US Highway 19 North, Building 10 Clearwater, FL, 33765

Permit No: SAJ-2020-03722 (SP-EWP)

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 project would conduct an initial and periodic maintenance dredging (between 2 – 3 years intervals) of the Grand Canal Dredge Channel and create a Grand Canal Deposition Basin. The dredge material would be placed in the Pass-A-Grille Beach fill template between R-160-200 and R-165+500. The Pass-A-Grille Beach fill template between R-160-200 and R-165+500 permitted by Florida Department of Environmental Protection (FDEP) Permit No. 0221569-016-JN and part of the federal Treasure Island and Long Key Beach Nourishment Project.

The Grand Canal Dredge Channel would be dredged and maintained to -11.5 ft NAVD with a 1 ft overdredge allowance to -12.5 ft NAVD. The 150-ft wide channel plus 1:3 side slopes cover 15.5 acres and contain approximately 12,000 cubic yards (CY) within the channel template based on February 2021 conditions.

The creation of the Grand Canal Deposition Basin would capture sediment moving east along northern Shell Key and delay infilling within the Grand Canal Dredge Channel.

The proposed Grand Canal Deposition Basin will be dredged and maintained to -8.0 ft NAVD with a 1 ft overdredge allowance to -9.0 ft NAVD. As this area evolves, a portion of the deposition basin would have a dynamic boundary. The dynamic boundary intends to capture the greatest sand flow which occurs near shore while remaining outside of private parcels or drylands. At the time of construction, MHW (+0.34 ft NAVD) along northern Shell Key will be surveyed, and dredging will be offset from MHW by 25 feet to allow room for a 1:3 side slope between the current MHW and deposition basin’s -8.0 ft

PERMIT NUMBER: SAJ-2020-03722

PERMITTEE: Pinellas County.

design elevation. The deposition basin plus side slopes covers 13.1 acres and contain approximately 57,000 CY based on February 2021 conditions.

Material dredged as part of the Grand Canal maintenance dredging project (both the channel and deposition basin) will be placed on Pass-A-Grille Beach (between R-160- 200 and R-165+500) within the fill placement area. This approximately 5,500 linear foot area encompasses approximately 27.5 acres (13.8 acres above MHW and 13.7 acres below MHW). The proposed disposal site is critically eroded, is proximal to the dredging project, and has ample capacity to receive material from this project (approximately 98,500 CY as of August 2020).

The County estimates that approximately 33,000 CY/year are moving east along northern Shell Key. Studies conducted by the County indicate that Grand Canal Dredge Channel infilling is delayed by the construction of the Grand Canal Deposition Basin, resulting in a potential project life of 2-3 years. Post-construction monitoring will analyze project performance, channel infilling rates, Northern Shell Key changes and allow for planning for future maintenance events. The County proposes coordinating with the Corps before each Grand Canal dredging event to ensure capacity within the beach fill template for dredged material disposal.

Dredging operation would be completed using either a hydraulic cutterhead or mechanical dredge. If a hydraulic dredge is used, a submerged pipeline will be laid from Grand Canal to the Pass-A-Grille Beach disposal area (R-160-200 to R-165+500), avoiding any known SAV and utilizing authorized pipeline corridors to access the beach disposal area. The dredge will connect to the submerged pipeline by a floating line.

Booster pumps and accessory vessels may be needed to accomplish the work. The project may also be performed by mechanical methods, with a bucket, backhoe, excavator, or similar equipment mounted on a barge. If this alternative method is used, the mechanical dredge would remove the material from the dredge areas and place it in a scow that would then be towed to the disposal area and emptied. Sand will be pumped onto the Pass-A-Grille beach fill area (R-160-200 to R-165+500), where it will be graded within the lines and grades of the permitted template.

Project Location: The project would affect waters of the United States associated with the Grand Canal (Pine Key Cutoff), Dents Channel, Pass-A-Grille Channel & the Gulf of Mexico. The dredging portion of the project is located at Grand Canal – Dents Channel, in Section 20, Township 32 South, Range 16 East, and the beach nourishment (disposal) portion of the project is located at Pass-A-Grille Beach, in Section 19, Township 32 South, Range 16 East, Pinellas County, Florida.

Directions to site: Pass A Grill beach - Follow Interstate I-4 to I-275 and head South towards ST. Petersburg. Take I-275 Exit 19, 22nd Avenue to US-19 South. Turn right on FL-682, Pinellas Bayway to Pass A Grill Way.

Grand Canal - Follow Interstate I-4 to I-275 and head South towards ST. Petersburg.

Take I-275 Exit 19, 22nd Avenue to US-19 South. Turn right on FL-682, Pinellas Bayway to FL-679, Pinellas Bayway South to Collany Rd.

Approximate Central Coordinates:

Project Component Start End Latitude Longitude Latitude Longitude

Dredging 27.680309°N -82.733936°W 27.678989°N -82.727247°W Disposal (beach Nourishment) 27.698615°N -82.737840°W 27.683417°N -82.738429°W

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on 10 years from District Engineer signature. 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.

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 Addresses: 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 and

RD.SARBO.GRBO@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-2020-03722, on all submittals.

2. Pre-Construction Meeting: The Permittee will schedule a pre-construction meeting with a Corps representative no later than 30 days prior to the start of work to review the special conditions of the permit. The Permittee shall not start work prior to the pre-construction meeting.

3. Commencement Notification: Within ten (10) days from the date of initiating the work authorized by this permit, the Permittee shall submit a completed “Commencement Notification” form (Attachment 2).

4. Permit Conditions Prevail: If information in the permit attachments conflict with the special conditions of this permit, the requirements of the permit special conditions shall prevail.

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

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.

7. As-Built Certification: Within 60 days of completion of work, or cessation of work which will extend longer than one year within each phase, the Permittee shall submit as-built drawings of the authorized work within that phase and a completed “As-Built Certification by Professional Engineer or Surveyor” form (Attachment 3) to the Corps. Upon expiration of the construction window identified in General Condition 1, the Permittee shall submit a final as-built drawing and certification for all phases.

The as-built drawings for each phase and the final submittal shall be signed and sealed by a registered professional engineer or surveyor and include the following:

a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with an overlay of the work as constructed. The plan view drawing should show all existing water management structures and the completed structures, dredge/fill activities, and wetland impacts.

b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached “As-Built Certification by Professional Engineer” 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 that the depiction and/or description of any deviations on the drawings and/or “As-Built Certification by Professional Engineer” form does not constitute approval of any deviations by the Corps.

c. The Department of the Army permit number on all sheets submitted.

d. Within 60 days of completion of the work authorized by this permit, the Permittee shall provide a courtesy copy of the signed and sealed As-Built drawings to the Corps, Engineering Division. Submittals shall be sent either electronically by email at ENPermits.CESAJ@usace.army.mil or by standard mail at Post Office Box 4970, Jacksonville Florida 32232-0019.

8. Turbidity Barriers: Prior to the initiation of the beach nourishment activities, the

Permittee shall implement best management practices (BMP) to reduce sedimentation and turbidity, such as using sand dikes. Additionally, If the pre-construction benthic survey identifies the presence of seagrass within the proposed dredge footprint, and the project cannot adjust the dredge area and/or construction methods to avoid sedimentation impacts to SAV, the Permittee shall install floating turbidity barriers with weighted skirts that extend within 1 foot of the bottom around all work areas that are in, or adjacent to the resource. The turbidity barriers shall remain in place and be maintained daily until the authorized work is completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area.

9. Mean Grain Size, Silt content & QA/QC: The sand utilized for the placement on the beach shall have a not more than 5% finer than the No. 230 sieve grain size of

0.063 mm and not more than 15% coarser than the No. 4 sieve grain size of 4.75

mm. A Maximum carbonate content shall be 50%, and sand color, based upon the Munsell Scale and when graded on the 7.5YR or 10YR Hues, and shall have a Value of at least 6 or higher and in moist sample conditions. The permittee shall comply with and implement the approved Sediment Quality Assurance/Quality Control Plan for Pinellas County Shore Protection Project, 27 January 2022 (Attachment 7).

10. Section 408: The applicant shall comply with Engineering Circular 1165-2-220, dated 10 September 2018, Policy, and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, Appendix K, paragraphs 1. to 16. (Attachment 6) and the time limit for completing the work authorized in Department of Army Permit SAJ- SAJ-2020- 03722. The applicant is responsible for the quality control for performance of the work and for ensuring these actions do not interfere with the functions of the Grand Canal Pass-A-Grille and Pinellas County Florida Coastal Storm Risk Management projects. Documentation of the completed work must be furnished to the Corps within 60 days after completion of the work to the address in Special Condition 7(d) (Above). This documentation will need to include a certification that the work was completed in accordance with the approved plans and specifications, GPS readings for the limits of the work performed, as-built drawings, and the date the work started and was completed.

11. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Authorization” form (Attachment 5) with the Clerk of the County Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. No later than 90 days from the effective date of this permit, the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded in the official records and the date of recording.

12. 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 at the addresses listed in the Reporting Address Special Condition within the same business day (8 hours).

The Corps shall coordinate with 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 special condition above and, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 Code of Federal Regulations (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.

13. JAXBO Project Design Criteria (PDC): 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.

14. Biological Opinion: The enclosed modified USFWS Biological Opinion (BO)

(Attachment 7) 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 USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

15. Statewide Programmatic Biological Opinion (SPBO): This permit does not authorize the Permittee to take an endangered species, in particular 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 U.S. Fish and Wildlife Service (USFWS) SPBO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the incidental take statement set forth in the BO. Authorization under this permit is conditioned upon compliance with all of the mandatory terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the enclosed BO, which are incorporated by reference in this permit. Failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, would constitute noncompliance with this permit. In addition, failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, where a take of a listed species occurs, would constitute an unauthorized take. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

16. Gulf Regional Biological Opinion (GRBO): This permit does not authorize the Permittee to take an endangered species, in particular sea turtles, sturgeon, or any other endangered or threatened species under the purview of National Marine Fisheries Service (NMFS). 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 NMFS Gulf Regional Biological Opinion (GRBO) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the incidental take statement set forth in the BO. Authorization under this permit is conditioned upon compliance with all of the applicable mandatory terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the enclosed BO, which are incorporated by reference in this permit. Failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, would constitute noncompliance with this permit. In addition, failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, where a take of a listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the GRBO ITS and this permit, incidental take by the Permittee or other hopper dredging operations within the area covered by the GRBO may result in suspension or modification of this permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, is a discretionary decision that shall be determined by the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action.

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

The Permittee is required to adhere to the most recent GRBO which can be viewed on the following website: https://www.fisheries.noaa.gov/content/endangered-species-act-section-7-biological-opinions-southeast

17. Piping Plover Programmatic Biological Opinion (P3BO): This permit does not authorize the Permittee to take an endangered species, in particular piping plover. 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 U.S. Fish and Wildlife Service (USFWS) P3BO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the incidental take statement set forth in the BO. Authorization under this permit is conditioned upon compliance with all of the mandatory terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the enclosed BO, which are incorporated by reference in this permit. Failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, would constitute noncompliance with this permit. In addition, failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, where a take of a listed species occurs, would constitute an unauthorized take. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

18. Manatee Conditions:

a. The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 4). The most recent version of the Manatee Conditions must be utilized.

b. Barges shall install mooring bumpers that provide a minimum 4-foot standoff distance under maximum compression between other moored barges and large vessels, when in the vicinity of inlets, river mouths, and large estuaries where manatees are known to congregate.

c. Pipelines shall be positioned such that they do not restrict manatee movement to the maximum extent possible. Plastic pipelines shall be weighted or floated.

Pipelines transporting dredged material within the vicinity of inlets, river mouths, and large estuaries where manatees are known to congregate shall be weighted or secured to the bottom substrate as necessary to prevent movement of the pipeline and to prevent manatee entrapment or crushing.

d. In the event that such positioning has the potential to impact submerged aquatic vegetation (SAV) or nearshore hardbottom, the pipeline may be elevated or secured to the bottom substrate to minimize impacts to SAV.

19. Manatee Condition for Clamshell Dredge: During clamshell dredging operations, the dredge operator shall gravity-release the clamshell bucket only at the water’s surface, and only after confirmation that there are no manatees within the safety distance identified in the standard construction conditions (or a 75-foot buffer if dredging is authorized at night).

20. Migratory Birds: Florida Fish and Wildlife Conservation Commission (FWC) standard guidelines to protect imperiled beach-nesting birds (Attachment 8) during implementation of this project during the periods from February 15 to September 1.

21. Essential Fish Habitat Survey: The Permittee shall conduct pre and post-construction submerged aquatic vegetation (SAV) surveys in the area proposed for dredging between June 1st and September 30th to determine direct and if secondary SAV impacts (e.g., sedimentation and sloughing of side slopes) occurred from these activities. All planned future SAV field pre- and post-construction monitoring activities can be coordinated through NMFS HCD via Mark.Sramek@noaa.gov. If results of the SAV surveys reveal the project impacted

SAV:

a. The Permittee will contact USACE & NMFS HCD, inform of the survey results, highlighting if impacts to SAV occurred.

b. The Permittee will conduct a functional assessment of the impacts and provide in-kind compensatory mitigation for direct and secondary SAV impacts resulting from the proposed dredging. The Permittee will submit the mitigation offer to USACE for approval.

c. The Permittee will include survey findings and mitigation information (if needed) as part of the As-built notification.

22. Local Notice to Mariners: The contractor is required to contact the United States Coast Guard 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.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

( ) Section 404 of the Clean Water Act (33 U.S.C. 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(PERMITTEE) (DATE)

(PERMITTEE NAME-PRINTED)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

________________________ Date:

JAMES L. BOOTH

Colonel, U.S. Army District Commander

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. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

Attachments to Department of the Army Permit Number SAJ-2020-03722

1. PERMIT DRAWINGS: 3 pages, dated Sep 2022

2. COMMENCEMENT NOTIFICATION: 1 page.

3. AS-BUILT: 2 pages.

4. MANATEE CONDITIONS: “Standard Manatee Conditions for In-Water Work”, 2011

– 2 pages.

5. NOTICE OF PERMIT: 2 pages.

6. SEC 408 & APPENDIX K: 2 pages.

7. BIOLOGICAL OPINION (BO) MODIFIED: Service Consultation Code: 2023-

0042401 of 10 February 2023, 33 pages.

8. SEDIMENT QUALITY ASSURANCE/QUALITY CONTROL PLAN: 8 Pages.

9. STANDARD GUIDELINES IMPERILED BEACH-NESTING BIRDS: 77 Pages.

10. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. 46 pages.

U.S. ARMY CORPS OF ENGINEERS

PERMIT NUMBER: SAJ-2022-03722

DRAWING 1 of 9 5/2023

DRAWING 2 of 9 5/2023

DRAWING 3 of 9 5/2023

DRAWING 4 of 9 5/2023

DRAWING 5 of 9 5/2023

DRAWING 6 of 9 5/2023

DRAWING 7 of 9 5/2023

Figure 1. Project location, including Grand Canal Dredge Channel (orange hatching), Grand Canal Deposition Basin (yellow cross-hatching), and Pass-A-Grille Beach disposal area ((R-160-200 to R- 165+500).

U.S. ARMY CORPS OF ENGINEERS

DRAWING 8 of 9 5/2023

Figure 1. Natural resources within the vicinity of the Grand Canal Dredge Channel (orange), Grand Canal Deposition Basin (yellow), and Pass-A-Grille Beach disposal area (R-160-200 to R-165+500).

U.S. ARMY CORPS OF ENGINEERS

DRAWING 9 of 9 5/2023

Dated 9/18/2019

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-2020-03722

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

ENCLOSURE 2

AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER

Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. For electronic mail saj-rd-enforcement@usace.army.mil (not to exceed 15 MB). If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3697.

1. Department of the Army Permit Number: SAJ-2020-03722

2. Permittee Information:

Name: _____________________________________________

Address: _____________________________________________

3. Project Site Identification (physical location/address):

4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on-site observation, scheduled, and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings.

Signature of Engineer Name (Please type)

(FL, PR, or VI) Reg. Number Company Name

City State ZIP

(Affix Seal)

Date Telephone Number

ENCLOSURE 3

-2-

Date Work Started:____________________ Date Work Completed:______________________

Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary):

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 Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and 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 8 ½” 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 MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.

ENCLOSURE 4

mailto:ImperiledSpecies@myFWC.com�

CAUTION: MANATEE HABITAT

All project vessels

IDLE SPEED / NO WAKE

When a manatee is within 50 feet of work all in-water activities must

SHUT DOWN

Report any collision with or injury to a manatee:

Wildlife Alert:

1-888-404-FWCC (3922)

cell * FWC or #FWC

Prepared by:

Permittee: ____________________________ Address: _____________________________ Phone:_______________________________

NOTICE OF DEPARTMENT OF THE ARMY PERMIT

TAKE NOTICE the U.S. Army Corps of Engineers (Corps) has issued Department of the Army Permit SAJ- - to (Permittee) on , 20 , authorizing impacts to waters of the United States (including wetlands) in accordance with Section 404 of the Clean Water Act on a parcel of land known as Folio/Parcel ID:

____________________________________________ encompassing ________ acres located within a portion of Section _________, Township ___________ south, Range _______ east, ___________________, __________________ County, Florida.

Within 30 days of any transfer of interest or control of that portion of the premises containing the area authorized to be filled (or any portion thereof), the Permittee must notify the Corps in writing of the property transfer by submitting the completed permit transfer page of the permit. Notification of the transfer does not by itself constitute a permit transfer. Therefore, purchasers of that portion of the premises containing the area authorized to be filled (or any portion thereof) are notified that it is unlawful for any person to construct, alter, operate, maintain, remove or abandon any works, including dredging or filling, without first having obtained a permit from the Corps in the purchaser’s name.

The subject Permit concerns only that portion of the property determined to fall within the jurisdiction of the Corps and this notice is applicable only to those portions of the subject property containing areas authorized to be filled and wetland mitigation/conservation areas subject to the Permit.

Conditions of the Permit: The Permit is subject to General Conditions and Special Conditions which may affect the use of the subject property. Accordingly, interested parties should closely examine the entire Permit, all associated applications, and any subsequent modifications.

To obtain a copy of the permit in its entirety submit a written request to:

U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019

Questions regarding compliance with these conditions should be directed to:

U.S. Army Corps of Engineers Enforcement Section Post Office Box 4970 Jacksonville, Florida 32232-0019

ENCLOSURE 5

Conflict Between Notice and Permit This Notice of Permit is not a complete summary of the Permit. Provisions in this Notice of Permit shall not be used in interpreting the Permit provisions. In the event of conflict between this Notice of Permit and the Permit, the Permit shall control.

This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises.

Release This Notice may not be released or removed from the public records without the prior written consent of the Corps.

This Notice of Permit is executed on this ________ day of _____________________, 20____. This document is being submitted for recordation in the Public Records of __________________ County, Florida as part of the requirement imposed by Department of the Army Permit No SAJ- - issued by the Corps.

Permittee:

Address:

Phone:________________________________

STATE OF FLORIDA

COUNTY OF _____________

The foregoing instrument was acknowledged before me this ________day of __________________, 20____, by _________________, who is personally known to me or has produced __________________________ as identification.

Notary Public (seal)

Print

My Commission Expires___________

CESAJ-EN

MEMORANDUM FOR Chief, Regulatory Division

SUBJECT: Grand Canal Dredging Pass-A-Grille Beach Nourishment, Intracoastal Waterway, Pinellas County, Florida Regulatory File #SAJ-2020-03722.

1. Reference Regulatory email dated 27 May 2022, requesting Engineering Division review the permit package for SAJ-2020-03722 Grand Canal Dredging Pass-A-Grille Beach Nourishment, Intracoastal Waterway (2022-0061). The applicant seeks authorization to conduct an initial and periodic maintenance dredging (between 2 – 3 years intervals) of the Grand Canal Dredge Channel and create a Grand Canal Deposition Basin. The dredge material would be placed in the Pass-A-Grille Beach fill template between R-160-200 and R-165+500. The Pass-A-Grille Beach fill template between R-160-200 and R-165+500 permitted by Florida Department of Environmental Protection (FDEP) Permit No. 0221569-016-JN and part of the federal Treasure Island and Long Key Beach Nourishment Project.

2. Engineering Division does not object to issuance of the permit and approves the request for SAJ-2020-03722 Grand Canal Dredging Pass-A-Grille Beach Nourishment (2022-0061 (2022-0061) as referenced herein as the proposed meets SAJ criteria.

3. Approval of these modifications to Grand Canal Pass-A-Grille Project and Pinellas Coastal Storm Risk Management Project, is in accordance with 33 U.S.C. 408. It also complies with the National Environmental Policy Act, as the proposed modifications were previously analyzed in the Department of Army Permit SAJ-2020-03722.

4. The applicant shall comply with Engineering Circular 1165-2-220, dated 10 September 2018, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, Appendix K, paragraphs 1. to 16. (enclosed) and the time limit for completing the work authorized in Department of Army Permit SAJ- SAJ-2020-03722. The applicant is responsible for the quality control for performance of the work and for ensuring these actions do not interfere with the functions of the Grand Canal Pass-A- Grille and Pinellas County Florida Coastal Storm Risk Management projects. Documentation of the completed work must be furnished to the Corps within 60 days after completion of the work for our records. This documentation will need to include a certification that the work was completed in accordance with the approved plans and specifications, GPS readings for the limits of the work performed, as-built drawings, and the date the work started and was completed.

5. If you have any questions, please feel free to contact the Engineering Division POC Murika Davis at 904-232-1604 or by email to murika.davis@usace.army.mil.

Laureen A. Borochaner, P.E.

Chief, Engineering Division

XX August 2022

ENCLOSURE 6

mailto:murika.davis@usace.army.mil k3en9lab Text Box 24 August 2022

EC 1165-2-220

10 Sep 18

APPENDIX K

Standard Terms and Conditions This appendix includes the standard conditions that must be included in all Section 408 approval notifications, except where marked as optional. Use of optional conditions should be based on scope and scale of the approved activity:

LIMITS OF THE AUTHORIZATION

INDEMNIFICATION AND HOLD HARMLESS

5. The United States will in no case be liable for:

a. any damage or injury to the structures or work authorized by this permission that may be caused or result from future operations undertaken by the United States, and no claim or right to compensation will accrue from any damage; or

b. damage claims associated with any future modification, suspension or revocation of this permission.

K-1

1. This permission only authorizes you, the requester, to undertake the activity described herein under the authority provided in Section 14 of the Rivers and Harbors Act of 1899, as amended (33 USC 408). This permission does not obviate the need to obtain other federal, state, or local authorizations required by law. This permission does not grant any property rights or exclusive privileges, and you must have appropriate real estate instruments in place prior to construction and/or installation.

2. 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. Addressed in the 408 approval letter or 408 EN Memo.

3. Without prior written approval of the USACE, you must neither transfer nor assign this permission nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this permission. Failure to comply with this condition will constitute noncompliance for which the permission may be revoked immediately by USACE.

4. The requester understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or an authorized representative, said work will cause unreasonable conditions and/or obstruction of USACE project authorized design, the requester will be required upon due notice from the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim can be made against the United States on account of any such removal or alteration.

6. The United States will not be responsible for damages or injuries which may arise from or be incident to the construction, maintenance, and use of the project requested by you, nor for damages to the property or injuries to your officers, agents, servants, or employees, or others who may be on your premises or project work areas or the federal project(s) rights-of-way. By accepting this permission, you hereby agree to fully defend, indemnify, and hold harmless the United States and USACE from any and all such claims, subject to any limitations in law.

7. Any damage to the water resources development project or other portions of any federal project(s) resulting from your activities must be repaired at your expense.

REEVALUATION OF PERMISSION

8. The determination that the activity authorized by this permission would not impair the usefulness of the federal project and would not be injurious to the public interest was made in reliance on the information you provided.

9. This office, at its sole discretion, may reevaluate its decision to issue this permission at any time circumstances warrant, which may result in a determination that it is appropriate or necessary to modify or revoke this permission. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. you fail to comply with the terms and conditions of this permission;

b. the information provided in support of your application for permission proves to have been inaccurate or incomplete; or

c. significant new information surfaces which this office did not consider in reaching the original decision…