JaxBO_PDCs_AP._16All_Activities.pdf
PDF 246 KB Posted
- Solicitation number
- B-26-10-COC
- Issued by
- Brevard County, Florida
About this file
This file contains Project Design Criteria (PDCs) issued by the National Marine Fisheries Service (NMFS) pursuant to a Programmatic Biological Opinion (JaxBO) that establishes environmental compliance requirements for projects affecting endangered species and critical habitats under NMFS jurisdiction. The PDCs apply to the Cocoa Waterfront Dock and Breakwater project ("Lee Wenner Day Docks"), a new day-slip marina facility at Lee Wenner Park in Cocoa, Florida, which involves construction of permanent concrete docks, finger piers, and marine piles. All work must be completed during daylight hours only, and contractors must adhere to specific criteria for in-water activities, pile installation noise mitigation, and protection of sensitive habitats including mangroves, seagrasses, corals, and hard bottom environments. The project must comply with critical habitat restrictions for smalltooth sawfish, Gulf sturgeon, Atlantic sturgeon, North Atlantic right whales, U.S. Caribbean sea turtles, and Bryde's whales, depending on project location within designated zones. Contractors are required to complete a self-certification statement of compliance following completion of authorized work, and failure to comply with the applicable PDCs constitutes an unauthorized take under the Endangered Species Act and noncompliance with the permit.
The PDCs serve solely to address Endangered Species Act requirements and do not supersede additional conditions that may be required under other federal laws, including the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. The project is funded in part through a Florida Inland Navigation District (FIND) grant. The United States Army Corps of Engineers (USACE) is responsible for determining project coverage under the Opinion and ensuring compliance with all applicable restrictions for the specific location. Contractors must obtain authorization from the NMFS, which serves as the appropriate authority for determining compliance with the Programmatic Biological Opinion's terms and conditions.
View the file
Other files
Show all 20
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Project Design Criteria (PDCs) Applicable to All Projects
NOTE - You are required to comply with the following PDCs, which serve to address requirements pursuant to Section 7, Endangered Species Act (ESA) for those listed species and designated critical habitat under purview of the National Marine Fisheries Service Protected, Resources Division. These PDCs are taken from the Programmatic Biological Opinion (PBO) referred to as JaxBO. These criteria serve to address ESA requirements only, and additional conditions may be required to address other Federal laws, including the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act. Authorization under this permit is conditional upon your compliance with all applicable PDCs, which are made part of this permit.
You are reminded that you must complete the attached self-certification statement of compliance following completion of the authorized work. Your statement of compliance does not obviate the need to satisfy all PDCs, including those requirements (e.g., such as structural dimensions and educational signs) that are observable post-construction, and those requirements (e.g., construction methods or procedures to be followed) that are not observable post-construction. Please note that failure to comply with the applicable PDCs of this PBO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with this permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of this PBO.
AP.1. The applicant must agree to adhere to PDCs for In-Water Activities (provided below).
AP.2. All projects involving the installation of piles or sheet piles shall follow the PDCs for In- Water Noise from Pile and Sheet Pile Installation (Section 2.2). This Opinion does not cover projects that use seismic surveys, low frequency sonar, explosions, and seismic air guns.
AP.3. All projects proposed in or near areas with mangroves, seagrasses, corals, or hard bottom habitat must refer to PDCs for Mangroves, Seagrasses, Corals, and Hard Bottom for All Projects (provided below) to determine whether the project is covered under the Opinion and, if it is covered, to ensure it is sited, designated, and implemented following all of the PDCs in that section.
AP.4. For every project, the USACE must determine if the project is located within:
a) Smalltooth sawfish critical habitat limited exclusion zones (Section 2.1.1.1)
b) Gulf sturgeon critical habitat migratory restriction zones (Section 2.1.1.2)
c) Atlantic sturgeon critical habitat exclusion zone (St. Marys River) (Section 2.1.1.3)
d) North Atlantic right whale educational sign zones (Section 2.1.1.4)
e) U.S. Caribbean sea turtle critical habitat restriction zones (Section 2.1.1.5)
f) Bryde’s whale exclusion zone (Section 2.1.1.6)
Where the activity is excluded from the Opinion within a particular zone, the application must be processed under a separate consultation. Where additional restrictions apply to activities within that zone, the USACE or other authorizing entity must ensure that the project meets the requirements for that zone.
AP.5. This Opinion only covers new construction (i.e., installation, repair, replacement) and does not apply to after-the-fact consultations or enforcement actions handled by the Corps.
AP.6. All activities must be completed during daylight hours.
File details come from the government source that posted it. Updated .