HomeMy WebLinkAbout2014 06 16 Army Corp Permit - Nationwide NW #7DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
COCOA PERMITS SECTION
400 HIGH POINT DRIVE, SUITE 600
COCOA, FLORIDA 32926
REPLY TO June ,y
ATTENTION OF J 16 � 2O 1 `+
Regulatory Division
North Branch
Cocoa Permits Section
SAJ- 2014 -00943 (NW -LEC)
City of Sebastian
c/o Mr. Jerry Converse
1225 Main Street
Sebastian, FL 32958
NATIONWIDE PERMIT VERIFICATION LETTER
Dear Mr. Converse:
The U.S. Army Corps of Engineers (Corps) assigned your application for a
Department of the Army permit, which the Corps received on April 7, 2014, the file
number SAJ- 2014 - 00943. A review of the information and drawings provided indicates
that the proposed work involves the extension of an existing Florida Department of
Transportation (FDOT)/ City of Sebastian stormwater outfall pipe. The proposed project
is to extend the pipe 27 feet to help reduce erosion on the property. The Washington
Outfall Project proposes approximately 310 square feet of impacts to waters of the
United States. The project is located at 1200 Indian River Drive in Section 6, Township
31 South, Range 39 East, Indian River County, Florida.
Your project, as depicted on the enclosed drawings, is authorized by Nationwide
Permit (NWP) Number 7. In addition, project specific conditions have been enclosed.
This verification is valid until March 18, 2017. 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 nationwide permit. Please access the U.S. Army Corps of Engineers'
(Corps) Jacksonville District's Regulatory Internet page to access Internet links to view
the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012,
specifically pages 10270 — 10290, the Corrections to the Final Nationwide Permits,
Federal Register 77, March 19, 2012, and the List of Regional Conditions. The Internet
page address is:
http: / /www.sa'.usace.army.miI /Missions /Regulatory.aspx
-2-
Please be aware this Internet address is case sensitive and should be entered as it
appears above. Once there you will need to click on "Source Book "; and, then click on
"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 verification for NWP 7. Enclosed is a list of the six
General Conditions, which apply to all Department of the Army authorizations. You
must comply with all of the special and general conditions and any project specific
condition of this authorization or you may be subject to enforcement action. In the event
you have not completed construction of your project within the specified time limit, a
separate application or re- verification may be required.
The following special conditions are included with this verification:
1. Self Certification: Within 60 days of completion of the work authorized, the
attached Self - Certification Statement of Compliance must be completed and submitted
to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory
Division, Special Projects and Enforcement Branch, P.O. Box 4970, Jacksonville, FL
32232. The Permittee shall reference this permit number, SAJ- 2014 -00943 (NW -LEC),
on all submittals.
2. 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.
3. Fill Material: The applicant shall use only clean fill material for this project. The
fill material shall be free from items such as trash, debris, automotive parts, asphalt,
construction materials, concrete block with exposed reinforcement bars, and soils
contaminated with any toxic substance, in toxic amounts in accordance with Section
307 of the Clean Water Act.
4. Manatee Conditions: The Permittee shall comply with the "Standard Manatee
Conditions for In -Water Work — 2011" provided in Attachment 2 of this permit.
5. Sea Turtle and Smalitooth Sawfish Conditions: The Permittee shall comply
with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish
Construction Conditions" dated March 23, 2006 and provided in Attachment 3 of this
permit.
6. Assurance of Navigation and Maintenance: The Permittee understands and
agrees that, if future operations by the United States require the removal, relocation, or
-3-
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.
7. 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 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
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
-4-
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.
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.
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 NWP, please contact Lauren
Wyckoff Carroll by telephone at 321 - 504 -3771 ext 15.
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 visit http:// per2 .nwp.usace.army.miI /survey.htmI and
complete our automated Customer Service Survey. Your input is appreciated —
favorable or otherwise. Again, please be aware this Internet address is case sensitive
and should be entered as it appears above.
Sincer ly,
Lauren Wyckoff Carroll
Project Manager
Enclosures
GENERAL CONDITIONS
33 CFR PART 320 -330
PUBLISHED FEDERAL REGISTER DATED 13 NONIEMBER 1986
1. The time limit for completing the work authorized ends on March 18, 2017. 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 of if the site is eligible for
listing in the National Register of Historic; Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ- 2014- 00943(NW -LEC)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box
4970, Jacksonville, FL 32232 -0019.
(TRANSFEREE - SIGNATURE)
(DATE)
(NAME- PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
(TELEPHONE NUMBER)
(E -MAIL ADDRESS)
(SUBDIVISION)
(LOT) (BLOCK)
(STREET ADDRESS)
SELF - CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ- 2014 -00943 (NW -LEC)
Permittee's Name & Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started:
Date Work Completed:
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks,
dredging, etc.):
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from the 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
Date
Washington Outfall Project
Indian River County, FL
SAJ- 2014 -00943
Location Map
US Army Corps
of Engineers® US ARMY CORPS OF ENGINEERS
Project #: SAJ -2014 -00943
Date: June 16, 2014
Attachment: 1 of 3
Drawina: 1 of 3
K�
m
Lu
O
PFD
AG
/AfG
tv
EX. SEAWALL
North
GRAPHIC
p
SCALE
jo
R/p
Rqr
BOG
OF
ON
t IN FEET)
1 inch 10 ft.
RErE
cr
GE
A4*
(Low F 11—
OD
7O7D��j i rER
R
TREF7 w
�WASHINGTON
STREET N
5.
EX. RETAINING
-�FENCE
SAME
WALL
EX.
X
A
\i Imo,.
CONTROL
kE AININ
STA. 14+50
WO
LINE
WALL
END RCP
FENCE
INV. EL = 0.46
HEADWALL
V > 0 'D C
q = w " (A r
0
� 310 SQ. FT.
m
>
Cq)-c"
OF FILL AREA
M. ;a
Rm w
L s/jv
\R
36\RC
15+0
F LA EA
(D !1�
64
M W 0
>
0 I\j r\-)
—n p
SCALE,
EX. PIPE
WOOD HEADWALL
FOUND 5
1�/81" IRON
ROD & D AN RIVER
W 0
AI— A
EX.
STA. 14+50
rop SURVEY CAP
0
----
CONCRETE HEADWAY
OF
BANK
0
(IN FEET)
STA. 14 +24
FDOT STD. INDEX #250
M
Z
1
inch 20 ft.
EX. RCP INV.= 0.50
ACCORDING TO THE FLORIDA
CONNECT NEW
STA. 14+50.5 to 14+55
DEPARTMENT OF ENVIRONMENTAL
30" RCP TO EXISTING
HEADWALL PIPE
INSTALL RIP RAP ROCK
REGULATION THE ELEVA71ON
OF MEAN HIGH WATER IN THIS
m
ARFA IS n 7 NAmnI, A]
M G H WIM
SEB�ASUM
WASHINGTON STREET/OUTFALL MSC•103
1800 4314770
5V^���
PRESIDENTIAL STREET IMPROVEMENT
oRWR Ds
E: a L4
SEBASTIAN, FLORIDA
HOME OF PELICAN ISLAND
FnN.K.T�WAT�-
K�
r
Z
0
z
1�
3l`Iti� d3�Ri NVIt)N{
r
i
m
Z
O
g�g
_ 5
3
0i
I I I i H4 � �
l 3
a
ten
A �.
Z IF
��irmov� n rciav�o�
n
o
v �
r_ G0
Z
z
z
J W
W
W D 0
LL O � W
o W - C)
X
o0�
Z��Q
a = Z ru
>W
? U)
W
a
o:'1
LL9 is
LL
1 N��
W gnu
W eAc
Z �a
N e�
tb
g w
US ARMY CORPS OF ENGINEERS
Project #: SAJ- 2014 -00943
Date: June 16, 2014
Attachment: 1 of 3
Drawing: 3 of 3
M1
I
till
NO
i
l 3
a
ten
A �.
Z IF
��irmov� n rciav�o�
n
o
v �
r_ G0
Z
z
z
J W
W
W D 0
LL O � W
o W - C)
X
o0�
Z��Q
a = Z ru
>W
? U)
W
a
o:'1
LL9 is
LL
1 N��
W gnu
W eAc
Z �a
N e�
tb
g w
US ARMY CORPS OF ENGINEERS
Project #: SAJ- 2014 -00943
Date: June 16, 2014
Attachment: 1 of 3
Drawing: 3 of 3
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
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 Vero Beach (1- 772 - 562 -3909) for south Florida, and to FWC at
Im periled Speciesa- myFWC.com
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 8 1/2" 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 MyFWC.com /manatee. Questions concerning these signs can be sent to
the email address listed above.
US ARIMY CORPS OF ENGINEERS
Project #: SAJ -2014 -00943
Date: June 16, 2014
Attachment: 2 of 3
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED/NO WAKE
When a manatee is within a® feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
` wildlife Alert:
1,
1-888-404-FWCC(3922)
cell * FwC or #FwC
US ARMY CORPS OF ENGINEERS
Project #: SAJ- 2014 -00943
Date: June 16, 2014
Attachment: 3 of 3 SOT OP
4
m„ „m % ' �
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISBERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water - related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalItooth sawfish entry to or exit from
designated critical habitat without prior agreement from the National Marine Fisheries Service's
Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wake /idle" speeds at all
times while in the construction area and while in water depths where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will preferentially follow
deep -water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of
any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824-
5312) and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
O: \forms \Sea Turtle and Smalltooth Sawfish Construction Conditions.doc
P1MO�y�