B.08.02 Amendment 0001, W912EP22B0008 _ 2000-02844 STANDARD PERMIT DA 10_103 Navy Fuel Pier 111 Final 081522.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: United States Navy Attn: LCDR. Nathan V. Chenarak Naval Station Mayport 1 Massey Avenue Mayport, FL, 32228

Permit No: SAJ-2000-02844 (SP-JED)

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 U.S. Army Corps of Engineers (Corps) 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: You are authorized to maintenance dredge 21,000 cubic yards of material from a 25-acre dredge template adjacent to the existing Navy Fuel Pier 111 to return this area to a depth of -38 feet Mean Lower Low Water with 2 feet of allowable overdepth. Furthermore, you are authorized to utilize either a hydraulic dredge or a mechanical dredge to complete the proposed work. Lastly, you are authorized to transport the dredge material for disposal in the Jacksonville Offshore Dredge Material Disposal Site (ODMDS).

The work described above is to be completed in accordance with the 5 pages of drawings (Attachment 1) and the additional 11 attachments affixed at the end of this permit instrument.

Project Location: The proposed dredging would affect waters of the United States Associated with the St. Johns River adjacent to Navy Fuel Pier 111 at 8808 Somers Road South, Section 44, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida. The proposed transport and disposal of the dredge material would affect offshore waters of the Atlantic Ocean in the Jacksonville ODMDS.

Directions to site:

Dredge location: From I-95 take Zoo parkway exit 358A east, continue onto Zoo parkway until you reach 8808 Somers Rd South Jacksonville, FL 32226, on the right.

PERMIT NUMBER: SAJ-2000-02844 (SP-JED)

PERMITTEE: United States Navy

Jacksonville ODMDS: The Jacksonville ODMDS is located 4.4 nautical miles (nmi) offshore of Mayport, Duval County. The Jacksonville ODMDS is 3.7 nmi by 2.7 nmi by

1.3 nmi in size (4.56 nmi2).

Approximate Coordinates:

Dredge Template

Latitude Longitude

30.39648980° -81.62423903° 30.39823962° -81.62364555° 30.40052203° -81.61945714° 30.40116995° -81.61552485°

Jacksonville ODMDS

Location Lat (deg. Min. NAD 83) Lon (deg. Min.) Lat (dec. deg.) Lon (dec. deg.) State Plane (FL East 0901 Ft. NAD 83) NW Corner 30°21.514 'N 81°18.558 'W 30.3585667° 81.3093° 2190467 N 558614 E Upper NE Corner 30°21.514 'N 81°17.418 'W 30.3585667° 81.2903° 2190451 N 564609 E Interior Corner 30° 20.50’ N 81° 17.43’W 30.3416667° 81.2905° 2184390 N 564592 E Lower NE Corner 30°20.510 'N 81°17.012 'W 30.3418333° 81.283533° 2184359 N 566729 E SE Corner 30°17.829 'N 81°17.004 'W 30.29715° 81.2834° 2168112 N 566728 E SW Corner 30°17.826 'N 81°18.536 'W 30.2971° 81.308933° 2168114 N 558665 E Center 30° 19.289’N 81° 17.739’ W 30.321483° 81.29565° 2176969 N 562883 E

Permit Conditions:

General Conditions:

1. The time limit for completing the dredge work authorized pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) ends on August 10, 2027.

The time limit for transporting and disposing of the dredge material into the Jacksonville ODMDS authorized pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) ends on June 10, 2025.

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

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

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort 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 ensure reports, notifications, documentation, and correspondence required by the general or special conditions of this permit are submitted electronically to:

a. The Corps at SAJ-RD-Enforcement@usace.army.mil (not to exceed 15MB);

b. U.S. Environmental Protection Agency, Region 4 at Oceandumpingr4@epa.gov ;

and

c. all reports, notifications, documentation, and correspondence required by the general or special conditions of this permit to SARBO.GRBO@usace.army.mil

The Permittee shall reference in the subject line of the email this permit number, SAJ-2000-02844 (SP –JED), and the type of submittal.

2. Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site.

3. Local Notice to Mariners: The contractor is required to contact the United States Coast Guard office a minimum of 2 weeks prior to commencement and provide locations affected, equipment, hours of operation, and duration of the project so that the information can be published in the Local Notice to Mariners.

4. As-Built Certification with X-Y Coordinates: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as-built drawings of the authorized work and complete the enclosed “As-Built Certification by Professional Engineer or Surveyor” form, (Attachment 2) to the Corps. The drawings shall be signed and sealed by a registered professional engineer or a professional land surveyor confirming the actual location of all authorized work/structures with respect to the Federal channel and/or within the Federal easement and include the following:

a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (8½-inch by 11-inch). The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure. The drawings shall include the dimensions of the structure, location of mean high water line (MHWL), depth of water (at mean low water) at the waterward end of the structure, and the distance from the waterward end of the structure to the near design edge of the Federal channel.

b. List of any deviations between the work authorized by this permit and the work as constructed. In the event the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the Corps.

c. The Department of the Army Permit number.

5. 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 permitted activities, items that may have historic or archaeological origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the choose an item and the Corps, of the observations within the same business day (8 hours). Examples of submerged historical, archaeological or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer Choose an item to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps.

b. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO 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.

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

SHPO. 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 SHPO and from the Corps.

d. If prehistoric or historic artifacts such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)- 245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

6. 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 U.S. Army 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.

7. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 3). The most recent version of the Manatee Conditions must be utilized.

8. Manatee Condition for Clamshell Dredge: During clamshell dredging operations, the dredge operator shall gravity-release the clamshell bucket only at the water’s surface, and only after confirmation that there are no manatees within the safety distance identified in the standard construction conditions (or a 75-foot buffer if dredging is authorized at night).

9. Commencement & Completion Notification: The Permittee shall provide to the Corps and EPA written notification of the date of commencement of work authorized by this permit at least 15 days before initiation of any dredging operations authorized by this permit (Attachment 4) and a completion notification no less than 15 days after the completion of the dredging operation.

10. Dredging Quality Management (DQM)

a. Hydraulic Dredging: When the dredging project utilizes a pipeline dredge, DQM shall be implemented when the dredge is equipped with DQM monitoring from previous work. The permittee’s DQM equipment must have been certified by the National DQM Support Center within one calendar year prior to the initiation of the dredging/discharge/placement of sediments. Questions regarding certification should be addressed to the National DQM Support Center at (877) 840-8024. Additional information about the DQM program can be found at: https://dqm.usace.army.mil/. The permittee is responsible for ensuring the DQM system is operational throughout the dredging and discharge/placement of sediments and the project data is submitted to the DQM Center in accordance with the specifications provided at the aforementioned website.

b. Hopper Dredging: Dredging and dredged sediment discharge/placement and monitoring of the dredging projects using the Dredge Quality Management (DQM) system shall be implemented for this permit when the project is constructed with a hopper dredge or with scows/barges. When the dredging project utilizes a pipeline dredge, DQM shall be implemented when the dredge is equipped with DQM monitoring from previous work. The permittee’s DQM equipment must have been certified by the National DQM Support Center within one calendar year prior to the initiation of the dredging/discharge/placement of sediments. Questions regarding certification should be addressed to the National DQM Support Center at (877) 840-8024. Additional information about the DQM program can be found at: https://dqm.usace.army.mil/. The permittee is responsible for ensuring the DQM system is operational throughout the dredging and discharge/placement of sediments and the project data is submitted to the DQM Center in accordance with the specifications provided at the aforementioned website.

11. Points of Contact: The Permittee shall provide a list of all points of contact associated with the project within 30 days prior to the initiation of work to the address identified in Reporting Address Special Condition. The list should include area of responsibility and contact information for each point of contact.

12. Hopper Deflector Device Submittal: The Permittee shall ensure drawings of the proposed sea turtle deflector device and the completed “Hopper Dredge Deflector Device Checklist” form (Attachment 10) is submitted to the Corps at least 30 days prior to initiating the authorized work to the addresses listed in the Reporting Addresses

Special Condition. No dredging shall be performed by a hopper dredge without the inclusion of an approved, rigid, sea turtle deflector device. The Permittee shall not commence hopper dredging until approval of the sea turtle deflector device has been granted by the Corps. A copy of the approved drawings, calculations, and signed “Hopper Dredge Deflector Device Checklist” form shall be available on the vessel during dredging operations.

13. Hopper Dredging Pre-Dredging Inspection Submittal: The Permittee shall submit the completed “Hopper Dredge Pre-Dredge Inspection Checklist” form (Attachment 11) to the Corps, at least 10 days prior to initiating the authorized work.

This checklist can be accessed at:

https://dqm.usace.army.mil/odess/

Note – Please use a different browser if experiencing trouble opening the above link.

14. Hopper Dredge Startup Inspection: Within 3 days from the date of initiating the authorized work, the Permittee shall provide to the Corps, the completed Hopper Dredge Startup Inspection Checklist form (Attachment 12) with a written notification of the date of commencement of work authorized by this permit. An inspection of the hopper dredge will be scheduled and performed by the Corps after receipt of the notification of commencement.

15. EPA Concurrency: The EPA concurrency has been provided and is valid until June 10, 2025. After June 10, 2025, the Permittee shall not transport dredged material to the Jacksonville ODMDS until concurrency is granted by the EPA that the proposed dredge material meets the Ocean Disposal Criteria (40 CFR 227) and can be disposed in the Jacksonville ODMDS. (Attachment 5)

16. Site Management and Monitoring Plan: The Permittee shall comply with all specifications and condition of the current Jacksonville ODMDS Site Management and Monitoring Plan. (Attachment 6)

17. Cubic Yards of Dredged Material: The Permittee shall not dispose of more than 1,000,000 cubic yards of dredged material annually at the Jacksonville ODMDS.

Reference Attachment 5.

18. Loss of Material: This permit does not authorize excessive leakage, overflow, or spill out of barges, dump scows, or hopper dredges of water and excavated material while en route to the Jacksonville ODMDS Release Zone. Failure to repair leaks or change the method of operation which is resulting in the leakage, overflow, or spillage will result in suspension of dredging operations and require prompt repair or change of operation to prevent overflow, leakage, or spillage as prerequisite to the resumption of dredging. Excessive leakage is defined by average loss of draft during transit from the dredging area to the disposal area (forward draft loss plus aft draft loss divided by 2) in excess of (18 inches (northeast Florida) or of 12 inches (south)). Once excessive leakage is discovered, it shall be reported immediately as directed in the Disposal Operations Compliance special condition.

19. Disposal Operations Compliance: The Permittee shall ensure the vessel(s) used to transport dredged material to the name of ODMDS ODMDS complies with the disposal operation conditions defined in the permit. If a violation occurs: a) the Permittee shall report the violation to the contracting officer’s representative immediately at 904-232-2086 and to EPA’s Ocean Dumping Coordinator immediately at 404-562-9395. b) written notification including a narrative description of the violation shall be emailed addresses listed in the Reporting Addresses Special Condition within 24 hours after the violation occurs. The Permittee shall reference in the subject line of the email this permit number, SAJ-2000-02844, and the type of violation.

20. Disposal Zone: The Permittee shall ensure, when dredged material is disposed, no portion of the hopper dredge or disposal barge or scow shall be outside of the boundaries of the release zone. Specifically, all disposals will be initiated at least 1,159 feet from the east boundary, 500 feet from the west boundary, and 1000 feet from the north and south boundaries of the ODMDS. Disposal of all material associated with this project shall occur into ODMDS Zone A. Reference Attachment 5 The boundaries of the release zone are defined by the following coordinates:

Geographic (NAD83) State Plane (FL East 0901 Ft NAD83)

NW Corner 30°21.349'N 81°18.460'W 2,189,463 N 559,128 E Upper NE Corner

30°21.349'N 81°17.517'W 2,189,450 N 564,084 E

SW Corner 30°20.350'N 81°18.460'W 2,183,407 N 559,112 E SE Corner 30°20.350'N 81°17.517'W 2,183,395 N 564,069 E

The Permittee shall ensure the hopper dredge, disposal barge or scow shall be in the closed position and all discharge of material has ceased before the disposal vessel leaves the disposal zone of the Jacksonville ODMDS. The Permittee shall ensure that the dredged material shall be placed such that at no point will depths less than -25 MLLW occur. (i.e., a clearance of 25 feet above the bottom will be maintained).

21. Maximum Disposal Volumes: To meet dilution requirements as indicated by short-term fate (STFATE) modeling, disposal of all material from the Naval Station Mayport Maintenance Dredging Project shall adhere to the table below. Additional information related to these load restrictions is provided in Attachment 5 and the Mayport DMMU Dredging Unit Map (Attachment 7).

Dredging Unit /

DMMU*

Mechanical (cubic yards)

Hopper (cubic yards)

1 9,000 13,500 2 3,000 3,000 3 2,100 2,100 4 9,000 13,500 5 9,000 13,500

* Reference Attachment 7

22. Electronic Tracking System: The Permittee shall use the electronic tracking system, Dredging Quality Management (DQM) that will continuously track the horizontal location and draft condition of the disposal vessel (hopper dredge or disposal barge or scow) to and from the Jacksonville ODMDS. Data shall be collected at least every 500 feet during travel to and from the ODMDS and every minute or every 200 feet of travel, whichever is smaller, while approaching within 1,000 feet and within the ODMDS. The Permittee shall use Florida State Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall be reported to the nearest foot and latitude and longitude coordinates shall be reported as decimal degrees out to 6 decimals. Westerly longitudes are to be reported as negative. Draft readings shall be recorded in feet out to 2 decimals. If the electronic positioning system fails or navigation problems are detected, all disposal operations shall cease until the failure or navigation problems are corrected.

23. Load Data: The Permittee shall record electronically for each load the following information:

a. Load Number

b. Disposal Vessel or Scow Name

c. Tow Vessel Name (if scow used)

d. Captain of Disposal or Tow Vessel

e. Estimated volume of Load

f. Description of Material Disposed

g. Source of Dredged Material

h. Date, Time and Location at Start at Initiation and Completion of Disposal Event

i. The ETS data required by the Electronic Tracking System Special Condition.

24. Electronic Data: The Permittee shall provide electronic data required by the Electronic Tracking System and Load Data Special Condition to EPA Region 4 on a weekly basis. The data shall be submitted as an extensible Markup Language (XML) document via Internet e-mail listed in the Reporting Addresses Special Condition.

XML data file format specifications are available from EPA Region 4.

25. Post-Disposal Data: The Permittee shall submit Post-Disposal Data to the Corps and EPA at the address referenced in the Reporting Address Special Condition documenting compliance with all general and special conditions defined in this permit.

The Post-Disposal Data shall be sent within 90 days after completion of the disposal operations authorized by this permit. The Post-Disposal Data shall include the following information:

a. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit or the general and special conditions shall be explained in detail.

b. The Disposal Summary Report shall include the following information:

dredging project title; dates of disposal; permit number and expiration date; name of contractor conducting the work; name and type of vessel(s) disposing material in the ODMDS; disposal timeframes for each vessel;

volume disposed at the ODMDS (as paid in situ volume, total paid and un paid in situ volume, and gross volume reported by dredging contractor);

number of loads to ODMDS; type of material disposed at the ODMDS;

identify any misplaced material (outside disposal zone or the ODMDS boundaries) and associated impacts; dates of pre-disposal and post-disposal bathymetric surveys of the ODMDS; and a narrative discussing any violation(s) of the 103 permit (if applicable). The disposal summary report shall be accompanied by the bathymetry survey results (plot and X, Y, Z, ASCII data file).

26. Bathymetric Survey: The Permittee shall conduct a bathymetric survey of the Jacksonville ODMDS within 90 days prior to project disposal and within 60 days following project completion in accordance with the following:

a. The number and length of the survey transects shall be sufficient to encompass the Jacksonville ODMDS and a 500-foot-wide area around the site. The transects shall be spaced at 500-foot intervals or less.

b. Vertical accuracy of the survey shall be ±0.5 feet. Horizontal location of the survey lines and depth sounding points will be determined by an automated positioning system utilizing either microwave line of site system or differential global positioning system. The vertical datum shall be mean lower low water (mllw) and the horizontal datum shall use Florida State Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall be reported to the nearest 0.10 foot and latitude and longitude coordinates shall be reported as decimal degrees to 6 decimal points.

27. Reporting requirements:

a. Commencement Notification: At least 45 days prior to the date of initiating the work authorized by this permit, the Permittee shall submit a completed “Commencement Notification” form (Attachment 4) and the “SARBO Pre-and Post-construction” form (Attachment 8) to the Reporting Addresses Special Condition.

Upon receipt of the notification email, the Corps will provide a list of the Corps primary points of contact for reporting species take/incidents. If the permit authorizes multiple work events, the Permittee must submit the SARBO Pre-Construction Notification 45 days prior to each event.

b. North Atlantic right whale: All observations of North Atlantic right whales observed while completing the authorized work be reported immediately. The process to report a North Atlantic right whale observation is outlined in the North Atlantic Right Whale Plan (SARBO Appendix F) and applies to all work covered under SARBO.

c. Take Reporting: All lethal and nonlethal take associated with a project covered under SARBO will be reported to the Corps’ Incidental Take Reporter by phone immediately upon discovery. The contact information for the Incidental Take Reporter shall be provided by the Corps upon receipt of the pre-construction notification.

i. Take occurring during hopper dredging will be reported using the ODESS digital application system at the time of the take. ODESS digital submission also includes submission of a copy of a paper record using the reporting form available on the ODESS website as well as photos of the take as defined under the 2020 SARBO Appendix H.

ii. Take occurring during relocation trawling will be reported using an Excel spreadsheet with columns matching the template provided on July 14, 2022.

(Attachment 9).

iii. Project details related to take will be reported by completing “SARBO Take Reporting” form (Attachment 9) and sent to the following emails: sarbo.grbo@usace.army.mil

d. Relocation Trawling: At least 48 hours prior to the start of relocation trawling, notify the Corps by email to the Reporting Addresses Special Condition if the project will be using relocation trawling. The email should contain when trawling will begin, expected project length, and when it is complete.

e. Post-Construction Reporting: Within 30 days of completing the work authorized by this permit, the Permittee shall submit a completed “SARBO Pre-and Post-construction” form (Attachment 8) to the Reporting Addresses Special Condition.

28. South Atlantic Regional Biological Opinion: This permit does not authorize the Permittee to take an endangered species, in particular sea turtles, sturgeon, or any other endangered or threatened species under the purview of National Marine Fisheries Service (NMFS). In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with “incidental take” provisions with which you must comply). The NMFS South Atlantic Regional Biological Opinion (SARBO) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the incidental take statement set forth in the BO. The mandatory terms and conditions include adherence to the Project Design Criteria (PDC) applicable to the authorized project. Authorization under this permit is conditioned upon compliance with all of the mandatory terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the enclosed BO, which are incorporated by reference in this permit. Failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, would constitute noncompliance with this permit. In addition, failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, where a take of a listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the SARBO ITS and this permit, incidental take by the Permittee or other hopper dredging operations within the area covered by the SARBO may result in suspension or modification of this permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, is a discretionary decision that shall be determined by the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action.

SARBO may be subject to revision at any time. The most recent version of these SARBO must be utilized during the design and construction of the permitted work. The Permittee is required to adhere to the most recent SARBO which can be viewed on the following website: https://www.fisheries.noaa.gov/content/endangered-species-act-section-7-biological-opinions-southeast

29. Project timing: For each work event, the Corps will determine project timing and necessary minimization measures to reduce the risk of take of ESA-listed species through the Risk Based Adaptive Management process outlined in Section 2.9.2.2 and Appendix J of the 2020 SARBO. Additional timing requirements apply within the range of certain species, as outlined in the North Atlantic Right Whale Conservation Plan (Appendix F of 2020 SARBO) and sturgeon PDCs (Appendix E of 2020 SARBO). The Permittee shall submit a Pre-Construction Risk Assessment to the Reporting Addresses Special Condition using the format located in 2020 SARBO Appendix J.

The Assessment must be submitted by September 1st of each year work is anticipated to commence (e.g. for work planned in February 2022, the Pre-Construction Risk Assessment must be submitted by September 1, 2021). The Corps will provide a written response within 30 days of receipt. Work cannot occur until the Corps review and approves the proposed construction window in writing.

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)

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

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

( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)

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).

EGAN.KELLY.AN

N.1518131288

Digitally signed by

EGAN.KELLY.ANN.1518131288

Date: 2022.08.10 11:33:41 -04'00'

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)

Attachments to Department of the Army Permit Number SAJ-2000-02844

1. Permit Drawings dated August 3, 2022 (5 pages)

2. As-Built Certification Form (2 pages)

3. Standard Manatee Conditions for In-Water Work – 2011 (2 pages)

4. Commencement Notification Form (1 page)

5. Section 103(c) of the Marine Protection, Research, and Sanctuaries Act Concurrence Letter, EPA, June 10, 2022 (3 pages)

6. Jacksonville ODMDS Site Management and Monitoring Plan, EPA/USACE, 2014 (34 pages)

7. Mayport DMMU Dredging Unit Map (1 page)

8. SARBO Pre and Post-Construction Form (1 page)

9. SARBO Take Reporting Form (1 page)

10. Hopper Dredge Deflector Device Checklist form (2 pages)

11. Hopper Dredge Pre-Dredge Inspection Checklist form (2 pages)

12. Hopper Dredge Startup Inspection Checklist form (2 pages)

%OPTIONAL VALUE 1%

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W. REILLY

M. RICE

R, PINTO

R. PINTO

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M. RICE

R. PINTO

R. PINTO

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M. RICE

R. PINTO

V. BOGINA

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W. REILLY

M. RICE

R. PINTO

V. BOGINA

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AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER

Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. For electronic mail saj-rd-enforcement@usace.army.mil (not to exceed 15 MB).

1. Department of the Army Permit Number: SAJ-2000-02844(SP-JED)

2. Permittee Information:

Name: _____________________________________________

Address: _____________________________________________

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

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

-2-

Date Work Started:____________________ Date Work Completed:______________________

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

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.

Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or in Vero Beach (1-772-562-3909) for south Florida, and emailed to FWC at ImperiledSpecies@myFWC.com.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8½ " by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at http://www.myfwc.com/WILDLIFEHABITATS/manatee_sign_vendors.htm. Questions concerning these signs can be forwarded to the email address listed above.

COMMENCEMENT NOTIFICATION

In compliance with the Special Conditions stated in SAJ-2002-02052 modification dated July 14, 2022 submit this form to 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-2002-02052(MOD-JED)

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

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 4

ATLANTA FEDERAL CENTER

61 FORSYTH STREET, SW

ATLANTA, GEORGIA 30303-3104

June , 2022

Ms. Angela E. Dunn Chief Environmental Branch Jacksonville District U.S. Army Corps of Engineers 701 San Marco Boulevard Jacksonville, Florida 32207-8175

Dear Ms. Dunn:

This letter is in response to your request for concurrence on the proposed dumping of dredged material from the Operations and Maintenance (O&M) within Naval Station Mayport and Navy Fuel Pier into the Jacksonville Ocean Dredged Material Disposal Site (ODMDS).

Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (Act), as amended, concurrence from the U.S. Environmental Protection Agency is based upon compliance with the criteria, conditions, and restrictions established pursuant to Sections 102(a) [environmental criteria], and Section 102(c) [disposal site designation and management] of the Act. Based upon our review of your request, as well as the supplemental information, the EPA has determined that the proposed material meets the Ocean Dumping Criteria (ODC).

This concurrence applies to project segments defined as maintenance areas throughout Naval Station Mayport, including navigation channels from the Entrance Channel, Bar Cut 3 to Station 210 +00, Turning Basin, Destroyer Slip, Small Boat Basin, and the Navy Fuel Pier. The volume of material to be dredged under O&M contracts is approximately 1.0 million cubic yards (CY) per year.

All dredged material is proposed for placement in Zone A of the Jacksonville ODMDS. Dredging may be conducted by either hydraulic or mechanical means.

Our concurrence is conditional on adherence to the load restrictions dictated by the Short-Term Fate of Dredged…