Sunglow_and_Flagler_Ave_-_USACE_Permit_.pdf

Regulatory Division North Permits Branch Cocoa Permits Section

SAJ-2014-00037 (SP-TSD)

Volusia County C/o Mr. Joe Nolin 700 Catalina Drive, Suite 115 Daytona Beach, Florida 32114 E-mail address: jnolin@volusia.org

Dear Mr. Nolin:

The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of:

a. The date of commencement of the work,

b. The dates of work suspensions and resumptions of work, if suspended over a week, and

c. The date of final completion.

This information should be mailed to the Enforcement Section of the Regulatory Division of the Jacksonville District at Post Office Box 4970, Jacksonville, Florida 32232-0019. The Enforcement Section is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions.

IT IS NOT LAWFUL TO DEVIATE FROM

THE APPROVED PLANS ENCLOSED.

Sincerely, for Tori White Chief, Regulatory Division

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

400 HIGH POINT DRIVE, SUITE 600

COCOA, FL 32926

January 9, 2015 REPLY TO

ATTENTION OF

Enclosures.

Copies Furnished: CESAJ-RD-PE (via email)

DEPARTMENT OF THE ARMY PERMIT

Permittee: VOLUSIA COUNTY C/o Mr. Joe Nolin 700 Catalina Drive, Suite 115 Daytona Beach, Florida 32114

Permit No: SAJ-2014-00037 (SP-TSD)

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The Permittee is authorized to create two near shore artificial reefs in the Atlantic Ocean in Volusia County. The Sunglow Artificial Reef will have an overall area of 43 acres of which 10.10 acres will be utilized as the footprint to the artificial reef. The Flagler Avenue Artificial Reef will have an overall area of 39 acres of which 8.6 acres will be utilized as the footprint to the artificial reef. Reef materials will consist of clean re-purposed or pre-fabricated concrete, including steel-reinforced concrete materials. Divers will examine the ocean floor prior to each deployment to ensure that there is no live bottom or fisheries present. Reef deployments will be 0.72 acre in size and buoys will be installed around the perimeter of the reef sites.

Depth, Profile, & Clearance: The approximate water depths within the site vary from approximately -49’ to -56’ mean low lower water (MLLW) at the Sunglow Artificial Reef site and -41 feet to -45 feet MLLW at the Flagler Avenue Artificial Reef site depending on the location of the reef. The applicant proposes a maximum reef height of 10 feet with a minimum clearance of 39 feet between the top of the reef and MLLW at the Sunglow Artificial Reef. The Flagler Avenue Artificial Reef is also proposed to have a maximum reef height of 10 feet with a minimum clearance of 31 feet between the top of the reef and MLLW.

The work described above is to be completed in accordance with the 12 pages of drawings referenced in Attachment 1 and the seven additional attachments affixed at the end of this permit instrument.

PERMIT NUMBER: SAJ-2014-00037 (SP-TSD)

PERMITTEE: Volusia County / Sunglow Pier and Flagler Avenue Artificial Reefs

Project Location:

Directions to site: To Sunglow Pier Artificial Reef: From Jacksonville, take I-95 South;

exit and head east onto US 92, turn south onto A-1-A and follow to Sunglow Pier in the Atlantic Ocean, Volusia County, Florida.

To Flagler Avenue Artificial Reef: From Jacksonville, take I-95 South; exit and head east onto SR 44, then turn north onto South Atlantic Avenue; turn east onto Flagler Avenue to the project site in the Atlantic Ocean in Volusia County, Florida.

APPROXIMATE CENTRAL COORDINATES:

Sunglow Pier Artificial Reef: Latitude 29.153º

Longitude -80.955º

Flagler Avenue Artificial Reef: Latitude 29.043º

Longitude -80.881º

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized under Section 10 of the River and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) ends on December 18, 2024.

If you find that you need more time to complete the Section 10 or Section 404 authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

1. Reporting Addresses: The Permittee shall reference this permit number, SAJ- 2014-00037 (SP-TSD), on all correspondence. Unless specifically notified to the contrary, the Permittee shall use the following addresses for transmitting correspondence to the referenced agencies:

a. U.S. Army Corps of Engineers P.O. Box 4970, Jacksonville, Florida 32232-0019 or by email at CESAJ-ComplyDocs@usace.army.mil

b. National Oceanic and Atmospheric Administration Marine Chart Division Office of Coast Survey, N/CS26, Sta. 7317 1315 East-West Highway Silver Springs, MD 20910-3282 or email at ocs.ndb@noaa.gov

c. Commander, U.S. Coast Guard (USCG) Sector Miami

100 McArthur Causeway Miami Beach, Florida 32139 Attention: Lieutenant Jennifer Makowski

d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program

620 S. Meridian Street, Box 4B2 Tallahassee, Florida 32399

Or email at artificialreefdeployments@MyFWC.com

2. Initial Agency Notification: The Permittee shall provide to the U.S. Army Corps of Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), and U.S.

Coast Guard (USCG) written notification of every planned deployment start date at least 2 weeks prior to each deployment on the authorized artificial reef site.

3. Authorized Reef Materials: The Permittee agrees to follow State and Federal guidance on suitable artificial reef materials. No reef materials or module will weigh less than 500 pounds. Reef materials shall be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. All artificial reef materials and/or structures will be selected, designed, constructed, and deployed to create stable and durable marine habitat.

Materials will be designed, selected, and deployed in such a manner as to avoid entrapping marine life. The Permittee shall deploy only the following authorized reef materials:

a. Prefabricated artificial reef modules composed of ferrous and/or aluminum-alloy metals, ¼ inch or more in thickness, concrete, rock, or a combination of these materials.

b. Natural rock boulders and other pre-cast concrete material such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material.

c. Clean steel and concrete bridge or large building demolition materials such as slabs or pilings with all steel reinforcement rods severed as close to the concrete surface as possible but not to extend more than 6 inches to ensure the rod will not create a fishing tackle or diver ensnaring hazard.

d. Heavy gauge ferrous & aluminum alloy metal material components or structures, ¼ inch or more in thickness, such as utility poles and antenna towers.

e. Heavy gauge ferrous and aluminum alloy metal hulled vessels which equal or exceed 60 feet hull length prepared and deployed in accordance with all applicable U.S. Coast Guard, U.S. Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, or other applicable state or federal agency regulations or policies. The vessel shall not be deployed until all necessary inspections and clearances have been obtained or waived and a stability analysis has been completed demonstrating the vessel will be stable during a 50-year storm event based on vessel and deployment site characteristics. The Permittee shall follow the National guidance regarding preparation of vessels for deployment as artificial reefs which are available at http://www.epa.gov/owow/oceans/habitat/artificialreefs/index.html. The Permittee shall provide a record of all inspections, clearances or waivers to the Corps along with the pre-deployment notification.

4. Reef Parameters: The Permittee shall deploy all reef materials within the site boundaries as defined on permit drawing pages 2, 4, 5, 9, 10, and 11 of 12. A minimum clearance of 39 feet from the top of the deployed material relative to MLLW shall be maintained at the Sunglow Pier Reef and a minimum clearance of 31 feet from the top of the deployed material relative MLLW shall be maintained at the Flagler Avenue Reef.

5. Violation of Reef Parameters Notification: In the event reef material is deployed in a location or manner contrary to the Reef Parameters Special Condition, the Permittee shall immediately notify the USCG Station and provide information as requested by the station. The Permittee shall notify NOAA, USCG, and Corps in writing within 24 hours of the occurrence. At a minimum the written notification shall explain how the deployed material exceeds the authorized reef parameters, a description of the material, a description of the vessel traffic in the area, the deployment location in nautical miles at compass bearing from obvious landmarks, the location of the unauthorized material in latitude and longitude coordinates (degree, minute, decimal minute format to the third decimal place), and the water depth above the material from MLW. The document will list the information provided by telephone to the USCG as noted above and include the time of the call and the name of the USCG personnel receiving the information.

6. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished by diver, submersible video camera, fathometer, depth/bottom sounder (e.g. “fish finder”), or side-scan sonar. The inspection of the deployment area may occur at the time of deployment, but no more than 1 year prior to deployment. The Permittee shall maintain a deployment buffer of at least 200 feet from any submerged beds of sea grasses, coral reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom-dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 200 feet from these resources.

The Permittee shall provide of the information obtained from the assessment to the

Corps no less than 14 days prior to deployment of material on an artificial reef in conjunction with the pre-deployment notification.

7. Pre-Deployment Notification: No less than 14 days prior to every deployment of material on an artificial reef, the Permittee shall transmit by electronic mail (“email”) a complete and signed “Florida Artificial Reef Materials Cargo Manifest and Pre- Deployment Notification” form (Attachment 3), to the Corps and Florida Fish and Wildlife Conservation Commission (FWC) to allow inspection of the proposed reef materials as deemed necessary by the agencies. Inspection is allowable at the staging area. By signing the Pre-Deployment Notification the Permittee certifies all materials are free from asphalt, petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy material if notified by the Corps or FWC that the material is questionable.

The material needs to be evaluated before it is released for deployment. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site.

Deployment of the material shall not occur until after the end of the 14-day inspection period. The Permittee shall ensure both a copy of this permit and the signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form are maintained aboard the deployment vessel at all times during loading, transit, and deployment.

8. Post-Deployment Placement Report/As-Built Drawing: No less than 30 days after each deployment at the reef site, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed “Florida Artificial Reef Materials Placement Report and Post-Deployment Notification” form (Attachment 4). Please note, the Corps requires the latitude and longitude to be accurate within 5 meters horizontal distance on the post-deployment report. Attach to the report an as-built drawing containing the approximate deployment configurations and the height of the material after placement. Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to within 1 meter. Also, include information on the condition of the material at the time of deployment. The report and drawing shall be limited to a few pages per deployment. Representative photographs and/or video, if available, should be submitted.

9. Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies and acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the ability to assume liability for all damages that may arise with respect to the artificial reef.

10. 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, 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.

11. Cultural Resources/Historic Properties:

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

b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered (prehistoric or historical artifacts) 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 or designee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850) 245-6333 or (800) 847-7278, as well as the Corps within the same business day (8 hours). The Corps shall then notify the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources.

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 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.

12. 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 construction authorized in this permit must be protected from erosion, siltation, scouring or excess turbidity and dewatering.

13. Manatee Condition: The permittee shall abide by the attached standard construction conditions designed to protect the endangered West Indian Manatee (Attachment 5).

14. Manatee Condition: The Permittee shall install and maintain wharf fenders to reduce the risk of a vessel crushing a manatee. The wharf fenders must provide sufficient standoff space of at least four (4) feet under maximum designed compression.

Fenders or buoys providing a minimum standoff space of at least four (4) feet under maximum designed compression shall also be utilized between two vessels that are moored together. The Permittee shall perform all work associated with this project during daylight hours only.

15. Sea Turtle, Smalltooth Sawfish, and Sturgeon Guidelines: The Permittee agrees to adhere to the Sea Turtle and Smalltooth Sawfish Construction Conditions, which also applies to the sturgeon, (Attachment 6).

16. Marine Life Entrapment: Neither reef structure nor material or the method of design or deployment should pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. The Permittee shall take all necessary action to minimize this risk. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the Enforcement Section by telephone at 904-232-2502 and the National Marine Fisheries Service by telephone at 727-824-5301.

17. Protected Species Guidance: The Permittee shall comply with the “Vessel Strike Avoidance Measures and Injured or Dead Protected Species Reporting” (Attachment 7), for marine turtles and marine mammals.

18. North Atlantic Right Whale: Artificial reef material shall not be transported or deployed between November 15 and April 15 or during an additional 15 days at either end of this timeframe to better ensure whale avoidance and for the conservation of the endangered Northern Right Whale within the boundaries of the National Marine Fisheries Service designated Northern Right Whale Southeastern United States critical habitat area. The artificial reef material shall be transported and/or deployed only during daylight hours and may only occur from May 1 through October 31 and shall follow NMFS’s Shipboard Right Whale Protection Program, dated 2009 (Attachment 8).

19. 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.

Further Information:

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

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

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

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

2. Limits of this authorization.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

(E-MAIL ADDRESS)

(PHONE NUMBER)

Attachments to Department of the Army Permit Number SAJ-2014-00037 (SP-TSD)

1. PERMIT DRAWINGS: 12 pages, dated September 23, 2014, Attachment 1.

2. WATER QUALITY CERTIFICATION: Florida Department of Environmental Protection (FDEP) permit file number 64-323279-001 and 64-323819-001, Attachment 2.

3. Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification form, Attachment 3.

4. Florida Artificial Reef Materials Placement Report and Post Deployment Notification form, Attachment 4.

5. Standard Manatee Conditions for In-Water Work dated 2011, Attachment 5.

6. Sea Turtle and Smalltooth Sawfish Construction Conditions dated March 23, 2006, Attachment 6.

7. Vessel Strike Avoidance Measures and Reporting for Mariners for marine turtles and marine mammals, Attachment 7.

8. Shipboard Right Whale Protect Program dated 2008, Attachment 8.