US Army Corps of Engineers BUILDING STRONG ® JACKSONVILLEMOBILESAVANNAHCHARLESTONWILMINGTON Trusted Partners Delivering Value, Today and Tomorrow Tori White Deputy, Regulatory Division U.S. Army Corps of Engineers Jacksonville District May 20, 2016 Regulatory Permits for Activities Funded Under FIND’s Assistance Program

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Regulatory Authorities 2

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Regulatory Program Goals 3  Protect navigation and prevent obstructions in the nation’s waters  Provide strong protection of the nation's aquatic environment, including wetlands  Enhance the efficiency of regulatory program administration  Provide fair and reasonable decisions

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Types of Permits  Standard Permits (SP) ► Evaluation and authorization project-specific ► Involved process (public notice, agency review)  Letters of Permission (LOP) ► Less controversial than SPs ► Minor impacts, coordinate with agencies/neighbors (no public notice) 4

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow  General Permits ► Evaluation and authorization not project-specific ► Developed with Project Design Criteria (PDC) and terms and conditions ► Similar activities resulting in minimal impacts to water quality and the environment, individually and cumulatively ► Must be reissued every five years  Types of General Permits ► Nationwide permits (NWP) issued by Corps HQ ► Regional permits (RGP) issued by districts and divisions ► Programmatic permits (PGP) reduce duplication Types of Permits 5

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Joint Permit App Submittal to State App Received from State Begin Processing Public Notice Corps Individuals Special Interests Other Agencies 404(b)(1) Guidelines Public Interest Review Compliance with NEPA, ESA, NHPA, EFH, CZM, WQC Application Approved 6 Federally Recognized Tribes Adjacent Property Owners Corps Permit Process Application Denied Verify GP/NWP Verify PGP Same process for new/renewal of GP ESA w/ NMFS for GP’s provides Project Design Criteria (PDCs)

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow State Programmatic General Permit SPGP-IV State Programmatic General Permit SPGP-IV (Expires July 25, 2016) 1. Shoreline Stabilization 2. Pile Supported Structures 3. Boat Ramps 4. Maintenance dredging PDC prohibit adverse impacts to wetlands, seagrass, corals, and EFH.

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow SPGP-V (Pending) 1. Shoreline Stabilization 2. Pile Supported Structures 3. Boat Ramps 4. Maintenance dredging 5. Derelict vessel removal 6. Scientific devices 7. Horizontal directional drilling 8. Geotechnical investigations

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow SPGP-V  Shoreline Stabilization  No change to linear feet of new seawalls (150’)  Replacement seawalls allowed within 18” (vs 12”)  Expanded to include living shorelines  Pile Supported Structures  No change to sf; allows up to 2000 sf  Expanded to include boat lifts in Monroe County  Boat Ramps  No change  Maintenance dredging of residential canals  No change; previous project depth or -5’ MLW PDC prohibit adverse impacts to wetlands, seagrass, corals, and CERTAIN EFH.

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow SPGP-V Exclusion Areas  Acropora Critical Habitat (CH)  Johnson’s seagrass CH  Monroe County (except for boat lifts)  Privately owned parcels  90% open water  50% seagrass  Neighbors similar to

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow PGP SAJ-42 Minor Activities in Miami-Dade County 1. Shoreline Stabilization 2. Maintenance dredging of residential canals 3. Subaqueous utility lines 4. Stormwater outfalls 5. Minor Structures 6. Piers and docks 7. Private single-family floating vessel platforms PDC prohibit adverse impacts to wetlands, seagrass, corals, and EFH.

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow PGP SAJ-42 PDC  Shoreline stabilization ► Repairs within 12” of existing ► Cannot exceed 500’ in length ► No farther waterward than existing or more than 5’ waterward of MHWL whichever is less  Maintenance dredging ► Original excavated depth or -5’ MLW ► Cannot exceed 4,000 cy per project per year

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow PGP SAJ-42 PDC  Minor structures ► Excludes national/state parks ► Dock/Johnson’s construction guidelines  Piers and docks (multi-slip) ► Excluded in Important Manatee Area ► Increase in slips not allowed ► Improvements cannot result in increased watercraft usage ► Dock/Johnson’s construction guidelines ► No living, fueling, storage facilities over water allowed ► Must be consistent with other structures in area

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Other General Permits  RGP SAJ-17 Minor Structures  RGP SAJ-33 Government Piers  RGP SAJ-34 Commercial Piers  PGP SAJ-67 Minor Activities in the Okeechobee Waterway PDC prohibit adverse impacts to wetlands, seagrass, corals, and EFH; Dock & Johnson’s Construction Guidelines; piers limited to 1000 sf and 5 slips.

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Statewide Programmatic Biological Opinion (SWPBO)  Developed for 2012 Nationwide Permits  SWPBO PDC ► All projects ► Activity specific ► Critical Habitat specific  PDC are special conditions of permit  Noise Best Management Practices ► Metal pilings/sheet piles by impact hammer not authorized ► If 5 or more concrete pilings a day using impact hammer in confined space, must use noise abatement measures

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow SWPBO Covered Activities 1. Shoreline stabilization 2. Pile-supported structures 3. Maintenance and minor dredging 4. Reconfiguration and repair of docking facilities within a marina 5. Outfall structures 6. Scientific survey devices 7. Boat ramps 8. Aquatic habitat enhancement and restoration activities 9. Aerial and subaqueous utility and transmission lines 10. Marine debris removal 11. Temporary platforms, access fill, and cofferdams

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow SWPBO PDC  NMFS Sea Turtle & Smalltooth Sawfish Construction Conditions  Vessels cannot be closer than 500 yards of a right whale  Turbidity control measures  Exclusion areas  Reporting of collisions with listed species  In-water rope or chains that do not loop or tangle  Best Management Practices  Prior approval from Marine Sanctuary  All work during daylight hours

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Shoreline Stabilization PDC  500’ in length or 18” waterward of MHWL or existing seawall  Riprap cannot extend more than 10’ waterward of MHWL Pile Supported Structures PDC  Dock construction guidelines  Johnson’s seagrass construction guidelines  Mangrove removal limited to 4’ in width  Allows up to 20 slips

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Dredging PDC  Maintenance dredging limited to authorized depth or -5’ MLW  New dredging limited to 1200 sf  Excludes federal channel  Excludes impact to listed seagrass, corals

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Marina Reconfig/Repair PDC  No increase in the total number of slips or an increase in size of the outer perimeter  Excludes impact to listed seagrass, corals, mangroves  Dock construction guidelines

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Boat Ramp PDC  Motorized new ramps limited to 40’ wide, 2 lanes, & 70 spaces for trailers  Non-motorized new ramps limited to 60’ wide  Excludes impact to listed seagrass, coral, mangroves Debris Removal PDC Debris Removal PDC  Requires visual confirmation and removal by lifting  Excludes impact to listed seagrass, coral, mangroves

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Aquatic Restoration PDC  Excludes impact to listed seagrass, corals, mangroves  Reefs limited to 20’ in length separated by 3’ wide channel  Exclusion cages around seagrass transplant sites  Living shorelines limited to 500’ in length, 35’ waterward of HTL, 0.5 ac between shore and waterward structure  New artificial reef sections limited to 40 ac with 500’ buffer

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Acropora CH  Seawalls, Pile Supported Structures, Boat Ramps: ► New or expanded activity not authorized where essential features are present ► Repair and replacement allowed within existing footprint  Dredging, Marina reconfig/repair ► Excluded where essential features are present  Aquatic Restoration: ► Excluded where essential features are present

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Johnson’s Seagrass CH  Marina Reconfig/Repair: ► Allowed if area of impact does not exceed original marina  Boat Ramps: ► Activities that remove essential features are not authorized  Aquatic Restoration: ► Living shorelines excluded ► Reefs can be authorized if in waters deeper than 12’ deep

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Essential Features  Acropora CH (73 FR 72210, 11/26/2008) Natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae and sediment cover  Johnson’s Seagrass CH (65 FR 17786, 04/05/2000) Adequate water quality, salinity levels, water transparency, and stable, unconsolidated sediments that are free from physical disturbance

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Jacksonville Programmatic Biological Opinion (JAXBO) (pending)  Informs SPGP-V AND consolidates ESA consultation requirements with NMFS for covered activities  Provides more flexibility for PDCs ► No limit on repair/replacement of shoreline stabilization ► Includes new Dock Construction Guidelines ► Covers up to 50 slips for new construction ► Boat ramp parking reduced to 50 spaces ► Increases dredging depth and area ► Includes muck removal as aquatic restoration activity  Includes Mooring Fields - will require EFH consultation & modification of SPGP-V

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow Helpful Hints 29  Maximize use of General Permits  Ensure Pre-construction notification includes PDC  Request pre-application meeting for “big” projects  Submit permit applications EARLY  Ensure application is COMPLETE (Corps supplemental form; ENG 4345)  Include Section 7 Checklist or Biological Evaluation for projects not covered under programmatic ESA consultation  Include survey of aquatic resources

BUILDING STRONG Trusted Partners Delivering Value, Today and Tomorrow SAJ Permit Offices

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