Attachment_C2_USACE_Permit.pdf

Regulatory Division North Branch Cocoa Permits Section

SAJ-2015-00111(NW-JSC)

Brevard County Natural Resources Management Dept.

Attn: Matthew Culver 2725 Judge Fran Jamieson Way Bldg. A, Room 219 Viera, Florida 32940

Dear Mr. Culver:

The U.S. Army Corps of Engineers (Corps) assigned your application for a Department of the Army permit, which the Corps received on January 7, 2015, file number SAJ-2015-00111. A review of the information and drawings provided indicate the proposed work would result in removal of 642,000 cubic yards of organic sediments from canals and borrow areas in Sykes Creek by hydraulic and/or environmental clam shell dredging. Work in the vicinity of the Dredge Material Management Area (DMMA) would result in 0.1 acre (ac) vegetation trimming and clearing, and 0.055 ac fill, in wetlands; no submerged aquatic vegetation will be affected. The project is located in a 162 ac area of Sykes Creek in Sections 23, 24, 25, 26, Township 24 South, Range 36 East and Section 30, Township 24 South, Range 37 East, Brevard County, Florida.

Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 27 (includes 53 pp. drawings and attachments). In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2017. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit 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 nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270 – 10290, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and the List of Regional Conditions. The Internet page address is:

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

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

COCOA REGULATORY OFFICE

400 HIGH POINT DRIVE, SUITE 600

COCOA, FLORIDA 32926

September 7, 2016 REPLY TO

ATTENTION OF

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Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on “Source Book”; and, then click on “Nationwide Permits.” These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 27. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required.

The following special conditions are included with this 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 the following address:

a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, South Branch Enforcement Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 32926.

b. For electronic mail: CESAJ-ComplyDocs@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2015-00111 (SP-JSC), 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.

3. Dredged material Disposal: The Permittee shall place all dredged material in a self-contained, upland disposal site as detailed on engineering drawing sheet 20-24 of

30. The Permittee shall maintain the upland disposal site to prevent the discharge of dredged material and associated effluent into waters of the United States. At the time of installation, the Permittee shall install manatee exclusion devices (grates) on the dewatering discharge pipes (and outfall structures and/or weirs) to prevent manatee entrapment. The grates must be permanently fixed, spaced a maximum of 8 inches apart and may be installed diagonally, horizontally or vertically.

4. Turbidity/Erosion Control: Best management practices for turbidity/erosion control shall be used when performing any activity authorized in this permit. The permittee agrees that all wetland areas and surface waters outside of the specific limits of

-3-construction authorized in this permit must be protected from erosion, siltation, scouring or excess turbidity and dewatering. Additionally, turbidity controls:

a. Shall be used throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions.

b. Shall be made of material in 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 area.

c. Shall be removed promptly when the work is complete and the water quality in the project area has returned to background conditions.

5. Navigation Safety: The permittee agrees temporary pipeline and booster pumps installed to transport spoil from the dredge site to the upland disposal site shall be clearly visible with buoys/floats and shall be positioned so that it does not impede navigation in Sykes Creek or impact any emergent wetland vegetation. Dredge pipelines that are floating shall display the following lights at night and in periods of restricted visibility:

(a) One row of yellow lights. The lights must be:

(1) Flashing 50 to 70 times per minute,

(2) Visible all around the horizon,

(3) Visible for at least 2 miles on a clear dark night,

(4) Not less than 1 and not more than 3.5 meters above the water,

(5) Approximately equally spaced, and

(6) The lights must be sufficient in number to clearly show the pipeline’s length and course.

(b) Two red lights at each end of the pipeline, including the ends in a channel where the pipeline is separated to allow vessels to pass (whether open or closed). The lights must be:

(1) Visible all around the horizon, and

(2) Visible for at least 2 miles on a clear dark night, and

(3) One meter apart in a vertical line with the lower light at the same height above the water as the flashing yellow light.

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6. Manatee Protection: The permittee agrees to implement and abide by the following special conditions to avoid “take” of manatee:

a. The 2011 Standard Manatee Conditions for In-Water Work (attached) must be followed for all in water activity.

b. All dredging is restricted to the time of day beginning one-half hour after sunrise and ending one-half hour before sunset.

c. No mechanical dredging within:

(1) All or part of all residential canals ≤ 70 feet in width shore to shore, and

(2) Main canals servicing the Vetter Isle Estates and Hampton Homes subdivisions.

d. Dredging within the main canals servicing the Vetter Isles Estates and Hampton Homes subdivisions is restricted to the months of June, July, and August.

e. To reduce the potential of crushing manatees between vessels, mooring fenders that provide a three to four foot standoff distance under maximum compression shall be used between barges, or between a barge and any tugboat used.

f. Lines used to secure floating and submerged pipeline segments and turbidity curtains shall be sufficiently rigid or otherwise protected to prevent manatee entanglement.

g. Dredge barge turbidity curtains shall be monitored before and during daily in-water activities for manatee entrapment. Seagrass turbidity curtains shall be constructed and positioned as to not entrap manatees. No work may commence, and all in-water work must cease, in the event a manatee entrapment occurs. In the event of an entrapment, the curtain must be manipulated to allow the animal to leave the enclosed area on its own and not from herding or harassment, before the curtain can be repositioned and in-water work resume.

h. For dredging activities within canals less than 100 feet in width, dredging will commence to the maximum possible extent, from the terminal end out toward Sykes Creek. Prior to initiation of dredging activities in these narrow canals, a manatee observer will verify that no manatees are present between the dredge and the terminal end of the canal. If manatees are present, no dredging activity may begin until the animals have left the area without being herded or harassed into leaving.

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I. Two experienced manatee observers (three for mechanical dredging) solely dedicated to manatee observation shall be present at any given time per dredging operation, when any in-water work is being performed (including but not limited to mobilization, placement of and alteration of pipelines, dredging, movement of spoil barge to and from DMMA and off-loading, and demobilization).

(1) All observers must provide documentation of meeting the observer experience standards developed by the Florida Fish and Wildlife Conservation Commission, and submit that documentation along with the appropriate forms and standards to the U.S. Fish and Wildlife Service (Service) for review and concurrence not less than 30 days prior to the beginning of the project in-water work. Observers must have significant prior on-the-job experience observing manatees during previous dredging and in-water work where manatees are abundant.

(2) All observers shall be outfitted with items helpful for observation and communication (binoculars, polarized sunglasses, two-way radios, etc.) and have the authority to cease operations due to manatee presence as stipulated, or due to weather or other conditions (fog, rain, wind, etc.) that fully impair an observer’s ability to detect manatees.

(3) To reduce fatigue and maintain alertness, all observers shall rotate their positions every four hours during shift lengths lasting more than six hours.

(4) All observers shall maintain a daily log that details sightings, collisions, or injuries to protected marine animals, as well as specific information (such as work itinerary, weather, work shutdowns, observer shift changes, length of time of sightings, estimated distance of animal from the dredge/equipment/vessel, animal behavior during the sighting, and actions taken). A final report summarizing the logs shall be sent to the Florida Fish and Wildlife Conservation Commission at ImperiledSpecies@myfwc.com no later than 30 days after each dredging event and/or final project completion. The report shall include project name and permit number, names of observers and contact information.

(5) At least one observer at all times shall be positioned to have a clear and close view of the actual dredging activity and the surrounding water. The other observer(s) likewise shall take position(s) that afford an unobstructed view of the other in-water activities at a distance that insures the observer’s ability to detect a manatee under acceptable viewing conditions.

j. In the event of a take of a manatee due to project-related, in-water activities (including entanglement), all in-water work shall cease immediately and not be

-6-considered to restart until the Service has reviewed the incident and determine if changes to the recommended protective conditions are needed, additional protective conditions are warranted, or if no adjustments can be made to avoid an additional take.

The Service will provide a formal written response with its findings and recommendations.

7. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service “Sea Turtle and Smalltooth Sawfish Construction Conditions” (dated March 23, 2006) attached to this permit.

8. Eastern Indigo Snake Protection Measures: The Permittee shall comply with U.S.

Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated August 12, 2013 (attached).

9. Cultural Resources: 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.

a. 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.

b. 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, 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.

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c. 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.

10. Wetland Avoidance Areas: The Permittee shall avoid the remaining onsite wetlands located within the Kiwanis Island DMMA, as detailed on engineering drawings 20-24 of 30 and Figures 1-7 (attached). These wetland areas were avoided as part of this permit application review process; and, therefore, the remaining wetland areas will not be disturbed by any activities that would degrade the ecological integrity of the site including dredging, filling, land clearing, or other construction work whatsoever except as required or authorized by this permit. The Corps reserves the right to deny review of any requests for future impacts to these avoided wetland areas.

11. As-Builts: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (attached) to the Corps. The as built exhibits will be necessary for the impact site and the mitigation area. The drawings shall be signed and sealed by a registered professional engineer 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 in the same scale as the attached permit drawings (8½-inch by 11-inch). The drawing should show all "earth disturbance," including wetland impacts, water management structures, and any off-site mitigation areas.

b. List 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 As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed shall be indicted. 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

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Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers.

c. The Department of the Army Permit number.

d. Include pre- and post-construction aerial photographs of the project site, if available.

12. 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. Future treasure salvage activities will require a new permit application and coordination with the National Marine Fisheries Service.

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.

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 NWP, please contact me by telephone at 321-504-3771, ext. 13.

Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division 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 http://www.myfwc.com/license/wildlife/ http://www.fnai.org/

-9-environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_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.

Sincerely, Jeffrey S. Collins Senior Project Manager

Enclosures Cc:

Mr. Matt Culver, Brevard County Natural Resources Management Dept., 2725 Judge

Fran Jamieson Way, Bldg. A, Room 219, Viera, Florida 32940 (via email: matt.culver@brevardcounty.us)

Mr. Robert Wagner, Taylor Engineering, Inc., 10515 Deerwood Park Blvd., Building 300, Suite 300, Jacksonville, Florida 32256 (via email: jwagner@taylorengineering.com)

Mr. David Stites, Taylor Engineering, Inc., 10515 Deerwood Park Blvd., Building 300, Suite 300, Jacksonville, Florida 32256 (via email: dstites@taylorengineering.com) mailto:matt.culver@brevardcounty.us mailto:jwagner@taylorengineering.com

GENERAL CONDITIONS

33 CFR PART 320-330

PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986

1. The time limit for completing the work authorized ends on March 18, 2017. 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 of 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.

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

PERMIT NUMBER: SAJ-2015-00111 (NW-JSC)

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.

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

___________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

FIGURE 1

OVERVIEW WETLAND IMPACT AREAS

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 1 (0.002 acre) - Fill Impact

Wetland Area 2 (0.07 acre)- Vegetation Trimming Only

Wetland Area 3 (0.053 acre) - Fill Impact

Wetland Area 4 (0.006 acre) - Clearing Impact

Wetland Area 5 (0.02 acre) - Clearing Impact

Wetland Area 6 (0.004 acre) - Vegetation Trimming Only

Wetlands

Shoreline (Estimated)

Wetland Area 6

Wetland Area 4

Wetland Area 2

Wetland Area 3

Wetland Area 5

0 400 800200 Feet

Wetland Area 1

FIGURE 2

WETLAND AREA 1

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 1 (85 sq. ft.) - FLUCCS 619 - Fill Impact

Wetlands

Shoreline (Estimated) 0 30 6015

FIGURE 3

WETLAND AREA 2

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 2 (3,091 sq. ft.) - FLUCCS 740W - Vegetation Trimming Only

Wetlands

Shoreline (Estimated) 0 60 12030

FIGURE 4

WETLAND AREA 3

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 3 (953 sq. ft.) - FLUCCS 740W - Fill Impact

Wetland Area 3 (1,411 sq. ft.) - FLUCCS 619 - Fill Impact

Wetland Area 3 (129 sq. ft.) - FLUCCS 612 - Fill Impact

Wetlands

Shoreline (Estimated) 0 60 12030

FIGURE 5

WETLAND AREA 4

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 4 (130 sq. ft.) - FLUCCS 619 - Clearing Impact

Wetland Area 4 (150 sq. ft.) - FLUCCS 612 - Clearing Impact

Wetlands

Shoreline (Estimated)

FIGURE 6

WETLAND AREA 5

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 5 (867 sq. ft.) - FLUCCS 652/612 - Clearing Impact

Wetlands

Shoreline (Estimated)

FIGURE 7

WETLAND AREA 6

KIWANIS ISLAND DMMA SITE

SYKES CREEK RESTORATION DREDGING PROJECT

BREVARD COUNTY, FLORIDA

C2014-068-03PROJECT

DRAWN BY

SHEET

DATE

NA

MARCH 2016CERTIFICATE OF AUTHORIZATION # 4815

Taylor Engineering Inc.

10151 Deerwood Park Blvd.

Bldg. 300, Suite 300 Jacksonville, FL 32256

BREVARD COUNTY,

FLORIDA

Legend Wetland Area 6 (111 sq. ft.) - FLUCCS 619 - Vegetation Trimming Only

Wetland Area 6 (66 sq. ft.) - FLUCCS 612/619 - Vegetation Trimming Only

Wetlands

Shoreline (Estimated)

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.

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

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701

SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS

The permittee shall comply with the following protected species construction conditions:

a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species.

b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.

c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.

d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.

e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.

f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization.

g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation.

Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc

STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE

U.S. Fish and Wildlife Service

August 12, 2013

The eastern indigo snake protection/education plan (Plan) below has been developed by the U.S.

Fish and Wildlife Service (USFWS) in Florida for use by applicants and their construction personnel. At least 30 days prior to any clearing/land alteration activities, the applicant shall notify the appropriate USFWS Field Office via e-mail that the Plan will be implemented as described below (North Florida Field Office: jaxregs@fws.gov; South Florida Field Office:

verobeach@fws.gov; Panama City Field Office: panamacity@fws.gov). As long as the signatory of the e-mail certifies compliance with the below Plan (including use of the attached poster and brochure), no further written confirmation or “approval” from the USFWS is needed and the applicant may move forward with the project.

If the applicant decides to use an eastern indigo snake protection/education plan other than the approved Plan below, written confirmation or “approval” from the USFWS that the plan is adequate must be obtained. At least 30 days prior to any clearing/land alteration activities, the applicant shall submit their unique plan for review and approval. The USFWS will respond via e-mail, typically within 30 days of receiving the plan, either concurring that the plan is adequate or requesting additional information. A concurrence e-mail from the appropriate USFWS Field Office will fulfill approval requirements.

The Plan materials should consist of: 1) a combination of posters and pamphlets (see Poster Information section below); and 2) verbal educational instructions to construction personnel by supervisory or management personnel before any clearing/land alteration activities are initiated (see Pre-Construction Activities and During Construction Activities sections below).

POSTER INFORMATION

Posters with the following information shall be placed at strategic locations on the construction site and along any proposed access roads (a final poster for Plan compliance, to be printed on 11” x 17” or larger paper and laminated, is attached):

DESCRIPTION: The eastern indigo snake is one of the largest non-venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue-black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled.

SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled.

LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands mailto:jaxregs@fws.gov mailto:verobeach@fws.gov mailto:panamacity@fws.gov k3rdnjsc Typewritten Text k3rdnjsc Typewritten Text k3rdnjsc Typewritten Text k3rdnjsc Typewritten Text and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above-ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October.

PROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. “Taking” of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. “Take” is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct.

Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted.

Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so.

IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE:

• Cease clearing activities and allow the live eastern indigo snake sufficient time to move away from the site without interference;

• Personnel must NOT attempt to touch or handle snake due to protected status.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Immediately notify supervisor or the applicant’s designated agent, and the appropriate

USFWS office, with the location information and condition of the snake.

• If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume.

IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE:

• Cease clearing activities and immediately notify supervisor or the applicant’s designated agent, and the appropriate USFWS office, with the location information and condition of the snake.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake.

Telephone numbers of USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered:

North Florida Field Office – (904) 731-3336 Panama City Field Office – (850) 769-0552 South Florida Field Office – (772) 562-3909

PRE-CONSTRUCTION ACTIVITIES

1. The applicant or designated agent will post educational posters in the construction office and throughout the construction site, including any access roads. The posters must be clearly visible to all construction staff. A sample poster is attached.

2. Prior to the onset of construction activities, the applicant/designated agent will conduct a meeting with all construction staff (annually for multi-year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational brochure including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to make available in the onsite construction office (a final brochure for Plan compliance, to be printed double-sided on 8.5” x 11” paper and then properly folded, is attached). Photos of eastern indigo snakes may be accessed on USFWS and/or FWC websites.

3. Construction staff will be informed that in the event that an eastern indigo snake (live or dead) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Field Office. The contact information for the USFWS is provided on the referenced posters and brochures.

DURING CONSTRUCTION ACTIVITIES

1. During initial site clearing activities, an onsite observer may be utilized to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example:

discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows).

2. If an eastern indigo snake is discovered during gopher tortoise relocation activities (i.e. burrow excavation), the USFWS shall be contacted within one business day to obtain further guidance which may result in further project consultation.

3. Periodically during construction activities, the applicant’s designated agent should visit the project area to observe the condition of the posters and Plan materials, and replace them as needed. Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen.

POST CONSTRUCTION ACTIVITIES

Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion. The report can be sent electronically to the appropriate USFWS e-mail address listed on page one of this Plan.

ATTENTION:

THREATENED EASTERN INDIGO

SNAKES MAY BE PRESENT ON

THIS SITE!!!

IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE:

• Cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site without interference.

• Personnel must NOT attempt to touch or handle snake due to protected status.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Immediately notify supervisor or the applicant’s designated agent, and the appropriate U.S. Fish and

Wildlife Service (USFWS) office, with the location information and condition of the snake.

• If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume.

IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE:

• Cease clearing activities and immediately notify supervisor or the applicant’s designated agent, and the appropriate USFWS office, with the location information and condition of the snake.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake.

USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered:

North Florida Field Office – (904) 731-3336 Panama City Field Office – (850) 769-0552 South Florida Field Office – (772) 562-3909

Killing, harming, or harassing indigo snakes is strictly prohibited and punishable under State and Federal Law.

DESCRIPTION: The eastern indigo snake is one of the largest non-venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue-black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed.

Though indigo snakes rarely bite, they should NOT be handled.

SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled.

LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida.

Although they have a preference for uplands, they also utilize some wetlands and agricultural areas.

Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above-ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October.

PROTECTION: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. “Taking” of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. “Take” is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted.

Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so.

Photo: Dirk Stevenson

August 12, 2013

APPROVED JURISDICTIONAL DETERMINATION FORM

U.S. Army Corps of Engineers

This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.

SECTION I: BACKGROUND INFORMATION

A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): September 7, 2016

B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAJ-RD-NC,

C. PROJECT LOCATION AND BACKGROUND INFORMATION:

State:Florida County/parish/borough: Brevard City: Merritt Island Center coordinates of site (lat/long in degree decimal format): Lat. 28.37025° N, Long. -80.68254° W.

Universal Transverse Mercator:

Name of nearest waterbody: Sykes Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Sykes Creek Name of watershed or Hydrologic Unit Code (HUC): HUC#0308020202, Banana River-Newfound Harbor Frontal

Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.

Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different JD form.

D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

Office (Desk) Determination. Date: September 7, 2016 Field Determination. Date(s):

SECTION II: SUMMARY OF FINDINGS

A. RHA SECTION 10 DETERMINATION OF JURISDICTION.

There Are “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required]

Waters subject to the ebb and flow of the tide.

Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.

Explain: Banana River currently supports commerce between Indian River and Port Canaveral.

B. CWA SECTION 404 DETERMINATION OF JURISDICTION.

There are and are not “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]

1. Waters of the U.S.

a. Indicate presence of waters of U.S. in review area (check all that apply): 1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands

b. Identify (estimate) size of waters of the U.S. in the review area:

Non-wetland waters: linear feet: width (ft) and/or acres.

Wetlands: acres.

c. Limits (boundaries) of jurisdiction based on: Pick List Elevation of established OHWM (if known): .

2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.

Explain: Approximately 10.5 acres of the Dredge Material Management Area are not waters of the United States.

1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.

2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally” (e.g., typically 3 months).

3 Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS

A. TNWs AND WETLANDS ADJACENT TO TNWs

The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete

Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below.

1. TNW

Identify TNW: Sykes Creek-Banana River.

Summarize rationale supporting determination: The 139 acres of Sykes Creek and the Banana River are tidal waters and supports commerce between Indian River and Port Canaveral; includes a portion of the Intracoastal Waterway.

2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is “adjacent”: Wetlands include 12.5 acres of mangrove systems around the Dredge Material Management Area. Mangrove wetlands are estuarine sytems and may occur above (vertically) mean high water but typically within areas inundated by the highest astronomical tide event.

B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):

This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction…