FKEC_BID_26-07_EXHIBIT_I_STRUCTURE_5_ACOE_PERMIT.pdf

Regulatory Division South Permits Branch Miami Section

SAJ-2017-02824-(NW-GGM)

Florida Keys Electric Cooperative c/o Sara Hamilton 91630 Overseas Hwy PO Box 377 Tavernier, FL 33070

Dear Ms. Hamilton:

The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit, which the Corps received on April 29th, 2021. Your application was assigned file number SAJ-2017-02824. A review of the information and drawings provided to the Corps shows the work is to abandon an existing concrete transmission structure/pole and associated concrete guy stub and guy wires; to install a new self-supporting transmission structure/pole which will not require guy wires and to relocate four (4) over the water lines, three (3) electric service lines and one (1) static neutral line, via bucket trucks, to the new structure. The existing structure #5 and guy stub will be cut to grade via a concrete saw, remove via a crane and disposed at an approved upland facility (i.e. landfill). All over the water lines will be de-energized, transferred from the old transmission pole to the new transmission pole utilizing two highline bucket trucks. Trucks will be located on upland locations of right of way County road (see attached location maps). A lane closure lane shift will be required and coordinated with Florida Department of Transportation. Linemen will utilize National Electric Safety Code and standard line work protocols to safely complete the transfer of lines. No in-water work is authorized under this permit. No barge will be utilized to accomplish the work. All work should be conducted from the upland and wires over U.S. waters shall not touch the sea floor at any time. Temporary silt curtains shall be installed around the work area perimeter for the duration of all construction activities, near, in/over waters of the United States. Work shall be conducted, as depicted on the enclosed approved work plans (5 pages) date stamped on November 13, 2021, by the Corps. 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).

The project would affect waters of the United States associated with Little Card Sound Basin directly connected to the Florida Bay. Transmission Structure Number 5, as labeled by the Florida Keys Electric Cooperative Inc. (FKEC) is part of the Card Sound Bridge Service Line Group 2. For the purpose of this document, the structures will be reference as “New Structure 5” and “Existing Structure 5)”. Both structures are located along Card Sound Road, at the northwest side of the Card Sound Bridge and the associate transmission lines cross over waters of Little Card Sound Basin to associated

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

MIAMI REGULATORY OFFICE

9900 SOUTHWEST 107th Ave, SUITE 203

MIAMI, FLORIDA 33176

November 13th, 2021

REPLY TO

ATTENTION OF

-2-

Guy Stub on the Northeast end of the Card Sound Bridge; in Section 06, Township 59 South, Range 41 East; North Key Largo, Monroe County, Florida 33070.

Central Geographic Positions:

New Structure 5: Latitude: 25.289129° North Longitude: 80.372756° West

Existing Structure 5: Latitude: 25.289148° North Longitude: 80.372676° West

Existing Guy Stub: Latitude: 25.289006° North Longitude: 80.372878° West

Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit No. 57 (NWP-57), Utility Line Activities for Water and Other Substances, which became effective on Choose an item. This verification is valid until March 14, 2026..

In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the Nationwide Permit General Conditions and the Jacksonville District Regional Conditions, and the General and Project-Specific Special Conditions listed below. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant 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 NWP.

Alternatively, you can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book web page for links to view Nationwide Permit information at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/ .

Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there select “Source Book”; and, then select “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 NWP verification.

You must comply with ALL the NWP general, special, and/or regional Conditions, attached and/or incorporated by reference, and the Project Specific Special Conditions and General Conditions, listed below, or you may be subject to enforcement action.

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

-3-

General Conditions (33 CFR PART 320-330):

1. The time limit for completing the work authorized ends on Choose an item.

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 on the transfer form attached to this letter and forward a copy 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.

Project Specific Special Conditions:

1. REPORTING ADDRESS: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

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

-4-

The Permittee shall reference this permit number, SAJ-2017-02824-(NW-57-GGM), on all submittals.

2. COMMENCEMENT NOTIFICATION: Within ten (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. SELF-CERTIFICATION: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attached) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps.

4. STATE EXEMPTION: It is incumbent upon the Permittee to ensure that the proposed activity(ies) are, in fact, exempt under rule 62-330.051 or 62-330.0511, F.A.C. In accordance with 62.330.062, F.A.C., state water quality certification has been waived for activities that are exempt under rule 62-330.051 or 62-330.0511, F.A.C. Based upon the exemption information provided by the Permittee, the Corps has presumed the proposed activity(ies) meet the above-referenced exemptions which constitutes written notification that the certifying authority has expressly waived to act on the water quality certification (WQC) request for this DA permit application in accordance with 40 CFR 121.9(a)(1). Therefore, this exemption satisfies the project proponent’s (i.e. permittee) requirement to obtain a WQC. In the event a WQC is required following the issuance of this DA permit, the Corps will revoke this DA permit verification/authorization until the required WQC is received in accordance with 40 CFR 121. You will not be authorized to commence work until a separate written DA permit verification/authorization is provided or be subject to an enforcement action.

5. ASSURANCE OF NAVIGATION AND MAINTENANCE: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

-5-

6. EASTERN INDIGO SNAKE PROTECTION MEASURES AND INSPECTION: The Permittee shall comply with U.S. Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated August 12, 2013, as provided in the attachment to this permit. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work.

7. Jacksonville District Programmatic Biological Opinion (JAXBO), November 2017, Project Design Criteria (PDCs): Structures authorized under this permit must comply with all applicable PDCs, based on the permitted activity, as required by JAXBO. Please note that failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take, and noncompliance with this permit. The NMFS is the appropriate authority to enforce the terms and conditions of JAXBO. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division internet webpage in the Endangered Species section of the Sourcebook located at:

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

Note - JAXBO may be subject to revision at any time. The most recent version of these conditions must be utilized during the design and construction of the permitted work. In accordance with the Endangered Species Act, and for those projects which do not comply with JAXBO, the Corps will seek individual consultation with the NMFS.

Note - some authorized activities may deviate from the PDCs. In cases, where the activity (i.e., structure dimensions, length, etc.) deviates from the PDCs, the permit drawings shall supersede the PDCs.

For each of the following authorized activities subject of this permit, the permittee shall adhere to the following PDCs, which are attached to, and made part of, this authorization/verification letter:

Activity 8 - Transmission and Utility Line Activities PDCs-JaxBO

8. POSTING OF PERMIT: The Permittee shall ensure that all contractors, sub-contractors, and entities associated with the implementation of the project review, understand, and comply with the approved plans and special conditions made part of this permit. The Permittee shall inform all parties associated with the activity of the construction area boundaries and any adjacent submerged aquatic resources and http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

-6-wetlands to be avoided. Complete copies of the permit and approved plans shall be available at the construction site at all times. Failure to comply with the approved plans and permit special conditions may subject the Permittee to enforcement action.

9. 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 re-verification to this permit instrument is required prior to initiation of those changes. It is the Permittee’s responsibility to request a re-verification of this permit from the Miami Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit.

10. HISTORIC PROPERTIES:

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

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

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

d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The

-7-

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.

11. BEST MANAGEMENT PRACTICE (BMP): Environmental controls and BMP must be implemented to properly contain construction materials and prevent fugitive particulates from entering surrounding waters during construction.

12. TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized.

Turbidity barriers shall be removed upon stabilization of the work area.

13. EROSION CONTROL: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

14. NO IMPACTS TO SUBMERGED AQUATIC RESOURCES (SARs) OR WETLANDS: No impacts, to submerged aquatic resources or Wetlands is authorized under this verification. The Permittee and all parties associated with this authorization (i.e. contractors, volunteers) shall ensure that the work is conducted on a manner to avoid all wetlands resources, seagrass beds corals and hard-bottom impacts to the greatest extent possible during construction. The Permittee will be responsible to report and to mitigate for unavoidable impacts to wetlands and/or submerged aquatic resources.

15. PROJECT DRAWINGS: The project must be completed in accordance with the enclosed construction drawings (5 pages), date-stamped by the U.S. Army Corps of Engineers (Corps) on November 13, 2021 and the general and special conditions which are incorporated in, and made a part of, the permit.

A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.

-8-

This authorization does not include conditions that would prevent the ‘take’ of a state-listed fish of wildlife species. These species are protected under sec. 379.411, Florida Statues, 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). Permittees can visit the FWC license and permitting webpage (http://ww.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 updates lists, by country, of documented occurrences of those species.

This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program.

This letter of authorization does not preclude the necessity to obtain any other Federal, State, or local permits, which may be required.

If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced GP, please contact Gletys Guardia-Montoya by telephone at 305-526-2515 or by email at Gletys.Guardia- Montoya@usace.army.mil.

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 environment. We invite you to take a few minutes to visit http://per2.nwp.usace.army.mil/survey.html and complete our automated Customer Service Survey. Your input is appreciated – favorable or otherwise. Again, please be aware this web address is case sensitive and should be entered as it appears above.

Sincerely, Gletys Guardia-Montoya Project Manager http://ww.myfwc.com/license/wildlife/ http://www.fnai.org/ mailto:Gletys.Guardia-Montoya@usace.army.mil mailto:Gletys.Guardia-Montoya@usace.army.mil http://per2.nwp.usace.army.mil/survey.html

-9-

Enclosures:

General Conditions Self-Certification Statement of Compliance Permit Transfer Request Commencement Notification Drawings (5 pages) dated by the Corps November 13th, 2021 NOAA-NMFS-Protected Species Construction Conditions FDEP Verified Exemption File No.: 0409262-001 EE.

Copies Furnished via e-mail:

Applicant: Florida Keys Electric Cooperative sara.hamilton@fkec.com

CESAJ-RD-PE

mailto:sara.hamilton@fkec.com

-2-

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

PERMIT NUMBER: SAJ-2017-02824-(NW-GGM)

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 Branch, Post Office Box 4970, Jacksonville, FL 32232-0019.

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

(DATE) (LOT) (BLOCK)

___________________________________ (STREET ADDRESS)

(NAME-PRINTED)

(MAILING ADDRESS)

(CITY, STATE, ZIP CODE)

Structure 005 Replacement for existing Structure 5 along Card Sound/Little Card Sound

Legend

25.289129 -80.372756

500 ft

N

N © 2021 Google

© 2021 Google

© 2021 Google

USACE SAJ-2017-02824-(NW-GGM).

Page 1 of 5. November 13th, 2021.

100ft

USACE SAJ-2017-02824-(NW-GGM).

Page 2 of 5. November 13th, 2021.

368sara Line

368sara Line

368sara Line

368sara Line

368sara Line

368sara Line

368sara Line

368sara Text Box 3 Overhead electric wires and 1 static ground wire.

368sara Text Box Structure 5 to be replaced

368sara Oval

368sara Text Box Approximate location of new structure 5

368sara Text Box Concrete guy stub pole to be removed

368sara Text Box Overhead guy wires to be removed

Structure 005 Guy Wire Stub Removal of guy stub associated with power Structure 005 along card Sound/Little Card Sound.

Concrete Stub will be cut to grade.

Legend

25.289006 -80.372878

100 ft

N

NUSACE SAJ-2017-02824-(NW-GGM).

Page 3 of 5. November 13th, 2021.

TRUCK LOCATION

Page 4 of 5. November 13th, 2021.

MEAN HIGH WATER = 0.27'

(HIGH TIDE)

11.0'

FOUNDATION SIZE

ESTIMATED AT 7.0' DIA.

WITH 1'-0" REVEAL

NOTES:

1. MEAN HIGH WATER MEASUREMENT TAKEN FROM NOAA

HISTORICAL MEASUREMENT AT NOAA STATION 8723534,

CARD SOUND BRIDGE.

2. MEASUREMENT IS RELATIVE TO MEAN TIDE LEVEL DATUM.

LVL. DATE DESCRIPTION

ISSUED/REVISED FOR:

APPR.

BY

PIKE ENGINEERING, LLC.

123 NORTH WHITE STREET

FORT MILL, SC 2�715

SC COA NR. 04286

FLORIDA KEYS

ELECTRIC COOPERATIVE

ASSOCIATION, INC.

TAVERNIER, FLORIDA

ENGINEERING SERVICES

OF

TAVERNIER - MARATHON 138 kV

STRUCTURE #5

HIGH TIDE CLEARANCES

17989-SK01 1 1 NTS A

JRR

SCW

KAC

KAC

05/26/21

A KAC 05/26/21

ISSUED FOR

INFORMATION ONLY

Page 5 of 5. November 13th, 2021.

Dated 9/18/2019

COMMENCEMENT NOTIFICATION

Within ten (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- - ( - )

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

Dated 9/18/2019

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15MB) 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- - ( - )

2. Permittee Information: Name: ____________________________________________

Email: ____________________________________________

Address: __________________________________________

Phone: ___________________________________________

3. Date Authorized Work Started: _________________ Completed: _______________

4. Contact to Schedule Inspection: Name: ____________________________________

Email: ____________________________________

Phone: ___________________________________

5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________

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

7. Describe Mitigation completed (if applicable): __________________________________

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

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

Signature of Permittee

Printed Name of Permittee

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

U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In-Water Activities

November 20, 2017

1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at:

http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/in dex.html

2) (AP.8.) Reporting of interactions with protected species:

a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.

b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com

c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov

d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-

877-WHALE HELP (1-877-942-5343).

e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16.

3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA.

Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures:

a) Construction Equipment:

i) All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area.

ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible.

iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html construction equipment and shall not resume until the species has departed the area of its own volition.

iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible.

b) All Vessels:

i) Sea turtles: Maintain a minimum distance of 150 ft.

ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).

iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike

Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/).

iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners.

v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft.

vi) When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area.

vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits.

4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications:

a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters.

b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions.

c) Position turbidity barriers in a way that does not block species’ entry to or exit from designated critical habitat.

d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions.

e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm http://www.fisheries.noaa.gov/pr/shipstrike/

Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida):

i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters.

ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion.

5) (AP.11.) Entanglement: All turbidity curtains and other in-water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species.

a) In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water.

b) Turbidity curtains and other in-water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area.

Additional PDCs specific to Activity 8 for Transmission and Utility Line Activities if in Critical Habitat

A8.7. Acropora critical habitat: This Opinion does not apply to the new installation of transmission and utility lines within the geographic boundary of Acropora critical habitat. This Opinion covers the repair and replacement of transmission and utility lines in Acropora critical habitat, but only if the essential feature is not present, and only if the placement meets the measures described in PDC A8.5 to limit movement of the lines.

A8.8. Smalltooth sawfish critical habitat: Structures supporting aerial transmission or utility lines, such as foundation towers and transmission line poles, cannot be placed in smalltooth sawfish critical habitat in areas where the essential features are present.

Transmission or utility line projects are not allowed in areas identified as smalltooth sawfish limited exclusion zones, as defined in Section 2.1.1.1, above.

A8.9. Johnson’s seagrass critical habitat: All newly installed subaqueous transmission or utility lines must be placed using horizontal directional drilling from the uplands.

Repair and replacement of existing subaqueous lines, whether the existing lines are buried within trenches or placed on the sea floor outside of trenches, is allowed in the same footprint as the existing line. Structures supporting aerial transmission or utility lines, such as foundation towers and transmission line poles, cannot be placed in Johnson’s seagrass critical habitat in waters shallower than -13 ft deep.

A8.10. Gulf sturgeon: No new transmission and utility line activities installation are allowed in the Gulf sturgeon critical habitat migratory restriction zones (defined in Section 2.1.1.2) between September and March, when sturgeon are likely to be present in these areas. Repair/replacement activities may occur in Gulf sturgeon critical habitat migratory restriction zones at any time of year as long as the repair or replacement is accomplished without the use of heavy in-water equipment (i.e., if the repair or replacement does not require trenching). Additional noise restrictions are required for pile and sheet pile installation in the Gulf sturgeon critical habitat migratory restriction zones defined in Section 2.1.1.2.

A8.11. U.S. Caribbean sea turtle critical habitat (hawksbill, leatherback, and the NA DPS of green sea turtle critical habitat): Under this Opinion, the only transmission and utility line projects that can occur in U.S. Caribbean sea turtle critical habitat are repair and replacement projects.

Project Design Criteria (PDCs) specific to Activity 8 for Transmission and Utility Line Activities

A8.1. Activity 8 includes the installation, repair, replacement, and removal of support structures, footers, foundations, as well as the placement of riprap or concrete mat for pipeline protection. The USACE defines a “utility/transmission line” as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, wire or optical fiber for the transmission for any purpose of electrical energy, telephone, telegraph messages, digital signal, Internet, and radio or television communication.

A8.2. Structures permanently placed on the waterbottom (e.g., foundations, piles, and footings) to support aerial transmission lines must total less than a 0.5 ac for all structures combined. Because permanent structures have the potential to interfere with or impede sea turtles from entering or exiting the beach, they cannot be placed on or near beaches used for sea turtle nesting.

A8.3. Subaqueous utility and transmission lines may be installed (including as part of a repair/replacement project) using horizontal directional drilling, if the drilling originates and terminates on the uplands (i.e., no in-water work). For subaqueous transmission lines installed, repaired, or replaced using horizontal directional drilling, the applicant must provide and follow a frac-out contingency plan in Appendix D or another plan with at a minimum the same level of information as is provided in the plan contained in Appendix D.

A8.4. Subaqueous utility and transmission lines may be installed (including as part of a repair/replacement project) by trenching. When excavating the trench, the bottom sediments may be temporarily sidecast into areas devoid of submerged aquatic vegetation and mangroves. Immediately upon completing the excavation and placing the transmission or utility line into the trench, the trench must be filled and the bottom contours must be restored to pre-construction conditions. The District Engineer may allow the trench to remain open and temporary sidecasting to continue after the excavation is complete, as long as the total time the trench is open and the material is sidecast during and after excavation does not exceed 180 days.

A8.5. New subaqueous transmission and utility lines shall not be placed on the sea floor (i.e., pinned or anchored and not buried) under this Opinion. Sections of existing buried lines may be repaired or replaced above the sea floor by pinning or anchoring the new section of line in place to ensure that it does not move and damage surrounding seagrasses, hardbottom, coral, or coral reef habitat.

A8.6. When repairing existing transmission or utility lines, riprap and articulated mats may be placed on subaqueous lines that are buried in trenches or on lines that are attached to the sea floor (in accordance with A8.5) to stabilize the line. Riprap and articulated mats may also be used to stabilize new subaqueous lines placed in high erosion areas. These stabilization materials are limited to the minimum amount necessary to stabilize and protect the lines existing lines (which may have been exposed by scouring) and cannot be placed on seagrasses, hardbottom, corals, or coral reef habitat.

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:panamacity@fws.gov mailto:verobeach@fws.gov mailto:jaxregs@fws.gov 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.

www.floridadep.gov

FLORIDA DEPARTMENT OF

Environmental Protection

South District Branch Office

2796 Overseas Highway, Suite 221

Marathon, Florida 33050

SouthDistrict@FloridaDEP.gov

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton

Secretary

September 17, 2021

FDOT, Joshua Keyser

PO Box 377

Tavernier, FL 33070 sara.hamilton@fkec.com

File No.: 0409262-001 EE, Monroe County

Dear FDOT, Joshua Keyser:

On September 3, 2021, we received your request for verification of exemption to perform the following activities:

Replace an electrical utility pole at Card Sound Rd, Key Largo, Florida 33037 in an upland, Section 18, Township 59 South, Range 40 East, Monroe County.

Your request has been reviewed to determine whether it qualifies for (1) a regulatory exemption,

(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States.

Your project did not qualify for the federal review portion of this verification request.

Specifically, the activity is not covered by the State Programmatic General Permit. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed.

If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the…