Attachment_C4__USACE_Permit_Mod_2.pdf

PDF 110 KB Posted

Attached to
Sykes Creek Phase II Muck Removal
Solicitation number
B-8-26-36
Issued by
Brevard County, Florida

About this file

USACE Permit Modification and Project Overview

This document is a Department of the Army permit modification letter issued by the U.S. Army Corps of Engineers (USACE), Jacksonville District, to Brevard County Natural Resources Management Department regarding the Sykes Creek Phase II Muck Removal Project in Brevard County, Florida. The project authorizes the removal of 642,000 cubic yards of organic sediments from canals and borrow areas in Sykes Creek using hydraulic and/or environmental clamshell dredging methods. Associated activities include 0.1 acre of vegetation trimming and clearing and 0.055 acre of fill in wetlands within a 162-acre project area spanning Sections 23-26 (Township 24 South, Range 36 East) and Section 30 (Township 24 South, Range 37 East). The work is authorized under Nationwide Permit 27 (Aquatic Habitat Restoration, Enhancement, and Establishment Activities) and is valid until March 14, 2026. The permit requires the permittee to submit commencement notification within ten days of starting work and as-built certification within sixty days of completion, with all submissions directed to the USACE Enforcement Section.

The permit is subject to general conditions outlined in 33 CFR Parts 320-330, including maintenance requirements in good condition and conformance with permit terms. The permittee must allow USACE representatives to inspect the authorized activity at any time to ensure compliance. If the property is transferred, the new owner must execute a permit transfer request and assume all responsibilities associated with permit compliance. The project authorization is based on compliance with terms and conditions referenced in the January 13, 2021 Federal Register and Regional Conditions dated February 25, 2022, which supersede the previously issued verification from January 25, 2019. No changes to the project scope were proposed in this modification.

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Text version

May 10, 2022 Regulatory Division North Branch Cocoa Section

SAJ-2015-00111 (NW-JMB)

Brevard County Natural Resources Management Deptartment Attn: Matthew Culver 2725 Judge Fran Jamieson Way, Bldg. A, Room 219 Viera, Florida 32940 Sent via email: matt.culver@brevardfl.gov

Dear Mr. Culver:

You requested re-verification of SAJ-2015-00111, a project that we previously verified on January 25, 2019. The project 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 would result in 0.1 acre vegetation trimming and clearing and 0.055 acre fill in wetlands; no submerged aquatic vegetation would be affected. The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 404 of the Clean Water Act (33 U.S.C. § 1344) and Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C.

§ 408). (33 U.S.C. § 1344). The project encompasses 162 acres within the Sykes Creek / Barge Canal waterbody (HUC 03080202) north of East Merritt Island Causeway, Sections 23, 24, 25, 26, Township 24 South, Range 36 East and Section 30, Township 24 South, Range 37 East, Brevard County, Florida. No changes are proposed to the project as it was previously authorized.

Your project is authorized by Nationwide 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities (NWP-27). This verification is valid until March 14, 2026. Some of the terms, conditions and regional conditions may have changed because our previous verification was based on the 2017 Federal Register and Regional Conditions. This letter is based on the project being performed in accordance with the drawings attached to our previous letter; the terms and conditions found on pages 2867 to 2877, inclusive, of the January 13, 2021 Federal Register (86 FR 2744);

the Regional Conditions dated February 25, 2022; and the entirety of our previous letter, including the special conditions and attachments (except for the expiration date and the references to the 2017 Federal Register and Regional Conditions).

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

400 HIGH POINT DRIVE, SUITE 600

COCOA, FLORIDA 32926-6630

mailto:matt.culver@brevardfl.gov

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Should you have any questions related to this NWP verification or have issues accessing the documents reference in this letter, please contact John Baehre at the letterhead address above, via telephone at 321-504-3771 ext. 0013, or via e-mail at John.M.Baehre@usace.army.mil.

Sincerely, For John Palmer

Chief, Cocoa

Enclosures mailto:John.M.Baehre@usace.army.mil

GENERAL CONDITIONS

33 CFR PART 320-330

1. The time limit for completing the work authorized ends on March 14, 2026.

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

DA PERMIT NUMBER: SAJ-2015-00111 (NW-27)

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

To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to:

SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

___________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

mailto:SAJ-RD-Enforcement@usace.army.mil

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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-2015-00111 (NW-27)

2. Permittee Information:

Name: __________________________________________

Email: __________________________________________

Address: __________________________________________

Phone: __________________________________________

3. Construction Start Date: ______________________

4. Contact to Schedule Inspection:

Name: __________________________________________

Email: __________________________________________

Phone: __________________________________________

Signature of Permittee

Printed Name of Permittee

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

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AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER

Within sixty (60) days of completion of the authorized work, submit this form and one set of as-built engineering drawings via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, but 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. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3697.

Within sixty (60) days of completion of the authorized work, the Permittee shall also 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.

1. Department of the Army Permit Number: SAJ-2015-00111 (NW-27)

2. Permittee Information:

Name: _____________________________________________

Address: _____________________________________________

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

mailto:ENPermits.CESAJ@usace.army.mil

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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

Date Work Started:____________________ Date Work Completed:________________

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

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