CERTIFIED MAIL-RETURN RECEIPT REQUESTED DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1520 ROYAL PALM SQUARE BOULEVARD FORT MYERS, FLORIDA 33919 REPLY TO ATTENTION OF Regulatory Division Special Projects and Enforcement Branch Enforcement Section SAJ-2008-04055 (NW-CDO) September 11, 2012 Eric Sutton Director, Division of Habitat and Species Conservation Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 Dear Mr. Sutton: Your application for a Department of the Army permit received on February 15, 2012, has been assigned number SAJ-2008-04055. A review of the information and drawings provided in the application indicates the proposed work would access the LD-3 levee on Herbert Hoover Dike (HHD) from Highways 27 and 78, create a 14 foot wide temporary access road and a temporary100 X 100 staging area through 2.2 acres of wetlands by placing composite interlocking mats along 1.164 miles of an existing firebreak and trail and borrow pit access in order to restore an unauthorized cut channel within an area known as Cowbone Marsh. The project would include temporary direct impacts to 2.2 acres of freshwater marsh and temporary secondary impacts to approximately 84 acres of freshwater marsh. The project is located in unnamed wetlands adjacent to Fisheating Creek, Sections 27 & 34, Township 40 south, and Range 31 east, Glades County, Florida. The U.S. Environmental Protection Agency (EPA), as lead agency for resolution of the unauthorized discharge of dredged or fill material into waters of the United States for the purpose of excavating a channel within Cowbone Marsh, issued an Administrative Compliance Order on Consent (AOC), Docket no. CWA-04-2012-5771 on September 05, 2012, which stipulates the requirements you shall fulfill in order to complete a resolution for a violation of Section 301 of the Clean Water Act (CWA), 33 U.S.C. 1311. This AOC is included with this permit as Attachment 3, and as such, thereby becomes a requirement of this permit. For the purpose of this project, the duration of authorized temporary impacts is limited to the time period necessary for the Florida Fish and Wildlife Conservation Commission to complete the restoration of the cut channel required by the USEPA AOC and is further defined and restricted by the enclosed permit Special Conditions. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 32. In addition, project specific conditions have been enclosed. This verification is valid until the NWP is modified, reissued, or revoked prior to March 18, 2017. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are issued. 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 webpage to access web 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 website address is as follows: http://www.saj.usace.army.mil/divisions/regulatory/sourcebook.htm Please be aware this web address is case sensitive and should be entered as it appears above. Once there you will need to 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 32. 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. Reporting Address: All notifications, reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919. The Permittee shall reference this permit number, SAJ-2008-04055, on all submittals. Immediate contact to the Corps shall be made to Cynthia Ovdenk via telephone at 239-334-1975 or by email at cynthia.d.ovdenk@usace.army.mil. Immediate contact to the USFWS shall be made to Steve Schubert via telephone at 772-469-4249 or by email at Steve_Schubert@fws.gov. 2. The Permittee shall comply with the signed Administrative Compliance Order on Consent (AOC), Docket no. CWA-04-2012-5771 issued by US Environmental Protection Agency (USEPA), Attachment 3. Failure to comply with the USEPA AOC may be the basis for the modification, suspension and/or revocation of this permit. 3. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit. 2
4. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures consistent with Environmental Resource Permit (ERP) No. 22-0303652-002 issued by the Florida Department of Environmental Protection (DEP) to prevent the displacement of fill material outside the work area. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized. Failure to comply with the FDEP ERP No. 22-0303652-002 may be the basis for the suspension and revocation or modification of this permit. 5. The permittee shall comply with the FDEP ERP No. 22-0303652-002 (Water Quality Certification and Coastal Zone Consistency concurrence) as issued, with the exception of FDEP ERP Special Conditions No. 12 and 14 as these discharges are not authorized by this Department of the Army permit. Failure to comply with the FDEP ERP No. 22-0303652-002 may be the basis for the suspension and revocation or modification of this permit. The discharges authorized by this permit are limited to those necessary for FWC to comply with the USEPA AOC and are further described in the project description (create a 14 foot wide temporary access road and a temporary100 X 100 staging area through 2.2 acres of wetlands by placing composite interlocking mats along 1.164 miles of an existing firebreak and trail and borrow pit access in order to restore an unauthorized cut channel within an area known as Cowbone Marsh). Failure to limit discharges to those authorized by this permit may be the basis for future enforcement action. 6. 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. 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. A 25 meter buffer from the external boundaries of the four prehistoric sites established and delineated by the Corps of Engineers Regulatory Archaeologist and shown in drawing 2 of 3, Attachment 4 (Attachment 4: NOT FOR PUBLIC RELEASE, Protected under Archaeological Resources Protection Act of 1979 (Public Law 96-95; 16 USC 470hh(a)): Section 9). There shall be no ground disturbance of any kind, including the stockpiling of materials or soil compaction, within these areas. 3
c. Composite interlocking mats shall be placed across the historic military road in all areas of impact established and delineated by the Corps of Engineers Regulatory Archaeologist as shown in drawing 3 of 3, Attachment 4, to protect the site during construction. d. A professional archaeologist who meets the "Archeology and Historic Preservation: Secretary of Interiors Standards and Guidelines shall be onsite during initial ground-disturbing activities at subsurface depths of one meter or less. The professional archaeologist shall be responsible for monitoring the spoil for significant archaeological deposits. Should potential significant archaeological deposits (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), be encountered, all work must cease in the immediate vicinity, based on the archaeologists determination, to allow for proper assessment, recording, and recovery of the cultural deposits in a professional manner. The archaeologist on site shall notify the Permittee, Florida State Historic Preservation Office (SHPO) and the Corps Regulatory Project Manager as specified in Special Condition 1 to assess the significance of the discovery and devise appropriate actions, including salvage operations. Within 15 days of completion of the monitoring of the spoil for significant archaeological deposits activities, an archaeological letter report shall be submitted to Florida s Division of Historical Resources (DHR), along with an updated Florida Master Site File form. The archaeologist shall submit notification of such action and a copy of the archaeological letter report to the Corps of Engineers per Special Condition 1 within 10 days of coordination with the DHR for inclusion in the administrative record. e. If during the ground disturbing activities and construction work within the project area ( Project Area shall here forth be defined as: all access areas along the LD-3 HHD and the areas of ground disturbing activity, including a 300 foot buffer as demonstrated in drawing 1 of 14, Attachment 1), 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 in the vicinity, based on the archaeologists determination, and notify the Corps to assess the significance of the discovery and devise appropriate actions. The project shall not recommence until the Permittee has received written approval by the Corps. An additional cultural resources assessment may be required of the permit area as directed by the Corps in consultation with the SHPO and THPO 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 4
considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Activity authorized by this Permit shall not resume without written authorization from the Corps. f. In the event that unmarked human remains are identified, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist. 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. Activity authorized by this permit shall not resume without written authorization from the Corps. 8. Protected Species under the Endangered Species Act, the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act: a. A pre-construction survey shall be conducted within the project area and a 1,640 foot buffer for threatened and endangered species potentially onsite that includes Audubon s crested caracara (Polyborus plancus audubonii), Everglade snail kite (Rosthrhamus sociabilis plumbeus), redcockaded woodpecker (Picoides borealis), wood stork (Mycteria americana), West Indian manatee (Trichechus manatus), Florida panther (Puma concolor coryi), Eastern indigo snake (Drymarchon corais couperi), and the Okeechobee gourd (Curbita okeechobeensis ssp. okeechobeensis). A pre-construction survey report shall be submitted to the USFWS and Corps for review before any construction or staging of equipment shall commence. b. A pre-construction survey shall be conducted within the project area and a 1500 foot buffer for migratory bird species, including bald eagles (Haliaeetus leucocephalus) and swallow-tailed kites (Elanoides forficatus). A pre-construction survey report shall be submitted to the USFWS and Corps for review before any construction or staging of equipment shall commence. c. A qualified biologist employed by Florida Fish and Wildlife Conservation Commission (FWC) shall be on site during all construction activities to monitor for potential impacts to protected species (i.e. federally-listed threatened and endangered species and migratory bird species) or no construction activities shall commence. Construction activities shall here forth be defined as: authorized staging of equipment, daily personnel access and departure, temporary mat placement, borrow pit excavation, hauling of spoil materials, and demobilization of equipment. If protected species are identified within the project area or the buffers specified in special conditions 8(e) and 8(f), the FWC shall cease all construction activities and notify the USFWS and the Corps as indicated in Special Condition 1. The FWC biologist shall verify and document the presence of any protected species within or adjacent to the project area, as specified in special conditions 8(e) and 8(f) below, on a daily basis during all construction activities. A daily wildlife log shall be kept documenting the presence, location (coordinates), time, photographs (if possible) and 5
general condition of any protected species. The wildlife log shall be submitted to the USFWS and the Corps at the end of each month for the duration of the authorized work. d. An employee educational awareness program for protected species shall be submitted to USFWS and the Corps for approval prior to commencement of any construction activities. The program shall provide construction personnel with the ability to identify all protected species with potential to be on site as indicated in special conditions 8(e) and 8(f), and knowledge of precautionary measures and reporting procedures should any of these species be encountered during construction. All employees working in the project area shall complete the educational program before they are allowed to access the project area. A log shall be maintained by the FWC biologist with the employee names and completion dates of the education program. The FWC biologist shall sign each log as the responsible party for quality assurance of the educational program. This log shall be available for review by the Corps or USFWS upon request. e. Specific Measures for Federally Listed Threatened and Endangered Species: i. Florida Panther: Any observation of a Florida panther or panther indicators (i.e. denning signs, tracks, etc.) within the project area will be documented in the daily wildlife log and the USFWS and Corps shall be notified immediately, refer to Special Condition1. All construction activities will cease until protection measures have been approved by the USFWS and the Corps and implemented by the Permittee. ii. Eastern Indigo Snake: The Permittee shall comply with the USFWS Standard Protection Measures for the Eastern Indigo Snake dated February 12, 2004 provided in Attachment 5, Section A of this permit. iii. Audubon s Crested Caracara: A qualified FWC biologist shall conduct a caracara nest survey within the project site and a 1500 foot perimeter during nesting season in accordance with the FWS s Survey Protocol for Finding Caracara Nests (Service 2010) provided in Attachment 5, Section B of this permit, to determine if nesting caracaras are present within the project area. The Permittee shall maintain a 1,500 foot buffer, no-work zone around any nest during construction activities. No construction activities shall occur within the no-work zone. iv. Wood Stork: A qualified FWC biologist shall visually monitor for wood storks within the project site and a 1300 foot buffer. The Permittee shall comply with the FWS s Draft Species Conservation Guidelines and Supplemental Habitat Management Guidelines for the Wood Stork in the South Florida Ecological Services Consultation 6
Area (Service 2004b) provided in Attachment 5, Section C of this permit. No construction activities shall occur within 100 meters of foraging wood storks. v. Everglade snail kite: A qualified FWC biologist shall monitor for snail kites within the project site and a 1,640-foot perimeter during the nesting season using the Draft Snail Kite D Survey Protocol (May 2004) provided in Attachment 5, Section D of this permit. The Permittee shall maintain a 1,640-foot buffer, no work zone, around any active nests during construction. No construction activities shall occur within the nowork zone. f. Specific Measures for Migratory Birds: i. A qualified FWC biologist shall monitor the project site and a 1500 foot perimeter for potential impacts to migratory bird species as identified in the most recent list of migratory birds by USFWS, during all construction activities. A migratory bird species list can be found at the following FWS web site: http://www.fws.gov/migratorybirds/regulationspolicies/mbta/mbtandx.html ii. The FWC or their contractors shall conduct weekly point-count surveys starting in December and conduct nest surveys during breeding/nesting season throughout the construction activities. Surveys shall be conducted within the project area as shown in drawing 1 of 14, Attachment 1. Nest surveys shall be conducted by observing bird behavior and following those exhibiting obvious signs of nesting (e.g., carrying nesting material) to their potential nest location. Nests shall be marked by FWC biologists and the USFWS, work shall cease in the vicinity determined by the FWC Biologist, and the Corps shall be contacted immediately as indicated in special condition 1for appropriate protection measures to be taken before construction can recommence within 1500 feet of the nest to avoid disturbance. If American swallow-tailed kites, bald eagles or nesting migratory birds are identified roosting or nesting within the project site or within a 1500 foot perimeter of the project site the FWC shall cease all construction activities within a 1500 foot buffer of the roost/ nest and notify the USFWS and the Corps immediately as indicated in Special Condition 1. No construction activities shall recommence until the USFWS and the Corps has approved specific precautionary measures to prevent adverse effects to the species. iii. American Swallow-tailed Kite: If a kite roost is found to be active, no construction activity or site access shall occur on the western levee between June 1 st and September 30 th. In addition to protection and observance of no-activity zones during this period, if aggregations of 3 or more kites are observed near the migratory roost during other times of the year, the permittee shall confirm whether the migratory roost is actively being used. If 3 or more kites are found to be using the roost area at any time of the year, all construction 7
activity and site access shall cease on the western levee. (See location of historic communal roosting colonies adjacent and near the western LD-3 Levee, shown in Attachment 5, Section E of this permit.) If swallow-tailed kite activity is observed during nesting season (March 5- August 26), particularly if kites are observed carrying nesting material, mobbing, or in groups of 3 or more, this information shall be documented and the location of the nest shall be forwarded to FWS and the Corps within 2 days of discovery. If a nest is located within the project site or within a 330 foot perimeter the FWC shall cease all construction activities until the USFWS and the Corps has approved specific precautionary measures to prevent adverse effects to the species. iv. Bald Eagle: The Permittee shall follow the Bald Eagle Management Plan (FWC 2008) provided in Attachment 5, Section F of this permit. A qualified FWC biologist will monitor for bald eagles within the project site and a 660 foot perimeter using the Bald Eagle Monitoring Guidelines (USFWS 2007d) provided in Attachment 5, Section F of this permit. If eagles are found to be nesting within the project site or within a 660 foot perimeter the FWC biologist shall document the location and forward this information to the USFWS and Corps within 10 days. If a nest is located within the project site or a 330 foot perimeter the Permittee shall cease all construction activities until the USFWS and the Corps has approved specific precautionary measures to prevent adverse effects to the species. (See Attachment 5, Section F of this permit for the location of a known bald eagle nest (nest no. GL020) located approximately 40 feet north of the eastern LD-3 Levee.) 9. Composite interlocking mats shall be placed along the entire length of the temporary access road and staging area. All equipment and vehicles using the temporary road and staging area shall remain on the mats at all times. Failure to limit the work to this area shall be reported in writing to the Corps of Engineers per Special Condition 1 within 48 hours. 10. The borrow pit area as shown in drawing 4 of 13, Attachment A, shall be identified in the field by perimeter fencing. No equipment or vehicles shall be outside of the delineated area except to traverse the temporary road. 11. Upon completion of the channel restoration all composite mats shall be removed within 20 days of project completion, or by approved extension from the Corps of Engineers. The temporary road (not including the firebreak), and staging area shall be restored to the natural elevations of the adjacent wetlands within 30 days of project completion. There shall be no rutting in the restored areas. The vegetation will be restored through natural recruitment of wetland species. If the restoration area is not meeting the performance standards as indicated in Special Condition 12 of this permit or trending toward success within 6 months of project completion a remediation plan shall be submitted to the Corps for approval. 8
12. Performance Standards: To meet the following temporary road and staging area restoration objectives, the Permittee shall achieve the following performance standards: a. At least 80 percent cover by wetland species (i.e., FAC or wetter) b. Cover of Category I and II invasive exotic plant species, pursuant to the most current list established by the Florida Exotic Pest Plant Council at http://www.fleppc.org, and the nuisance species, dogfennel (Eupatorium capillifolium), Bermudagrass (Cynodon spp.), Bahiagrass (Paspalum notatum), and cattail (Typha spp.) shall not exceed 10 percent areal coverage as compared to the adjacent marsh percent areal coverage. c. Hydrology shall be restored to inundate the wetlands at least 25 percent of the growing season. The Permittee shall conduct a pre-construction and post-construction compaction analysis at 2 foot increments along the designated monitoring transects. Location of transects are shown in Drawing 13 of 13, Attachment 1 of this permit. A report which includes a data table for each transect and a data analyses summary for the compaction analysis shall be included in the time zero report required by Special Condition 13(a) and 13(b) of this permit. Any postconstruction compaction greater than pre-construction compaction will be considered an impact and a remediation plan shall be submitted to the Corps for approval in order to assure no permanent impacts from the project. The Permittee shall ensure the temporary road (except the firebreak) and all staging areas are restored and meet or exceed the performance standards within 2 years of project completion. Maintenance shall be performed as needed during the first year to ensure that the vegetation and hydrology meet the prescribed performance standards above. Should maintenance be determined necessary during the second year in order to meet the performance standards, maintenance shall be performed and the maintenance/ monitoring period shall be extended until the site achieves the performance standards without maintenance for a period of 1 year. In the event the above performance standards have not been achieved at the end of the fourth year, the Permittee shall undertake a remediation program approved by the Corps in accordance with the Remediation Special Condition of this permit. 13. Monitoring and Reporting Timeframes: To show compliance with the performance standards the Permittee shall complete the following: a. Perform a time-zero monitoring event of the restored temporary access road and staging/stockpile areas within 60 days of composite mat removal. 9
b. Submit the time-zero report to the Corps within 45 days of completion of the monitoring event. The report will include at least one paragraph depicting baseline conditions of the restored areas prior to initiation of the project and a detailed plan view drawing of all restored areas. c. Quarterly monitoring shall be performed every 90 days for a period no less than 2 years along the restored area at specified transects as shown on drawing 13 of 13, Attachment 1. Each monitoring event shall obtain percent cover and hydrology (i.e. compaction) data along a 20 meter transect of the restored roadway and a 100 meter transect across the restored staging area and the adjacent wetlands. d. Submit quarterly monitoring reports to the Corps within 30 days of completion of the monitoring event. e. Monitor the restoration area(s) and submit quarterly monitoring reports to the Corps until released in accordance with the Monitoring Release Special Condition of this permit. 14. Reporting Format: Monitoring reports should follow the recommended 10-page maximum report format. The Permittee shall submit all documentation to the Corps on 8½-inch by 11-inch paper, and include the following: a. Project Overview (1 Page): (1) Department of the Army Permit Number (2) Name and contact information of Permittee and consultant if one is used for report preparation (3) Name of individuals and parties responsible for conducting the monitoring and the date(s) the inspection was conducted (4) A brief paragraph describing the purpose of the approved project, acreage and type of aquatic resources impacted, and restoration acreage and type of aquatic resources (5) Written description of the location, any identifiable landmarks of the restoration project including information to locate the site perimeter(s), and coordinates of the restoration site (expressed as latitude, longitudes, UTMs, state plane coordinate system, etc.). (6) Dates restoration commenced and completed (7) Short statement on whether the performance standards are being met 10
(8) Dates of any recent corrective or maintenance activities conducted since the previous report submission (9) Specific recommendations for any additional corrective or remedial actions. b. Requirements (1 page): List the monitoring requirements and performance standards, as specified in the approved restoration plan and special conditions of this permit, and evaluate whether the restoration area is successfully achieving the approved performance standards or trending towards success. A table is a recommended option for comparing the performance standards to the conditions and status of the developing restoration site. c. Summary Data (maximum of 4 pages): Summary data shall be provided to substantiate the success and/or potential challenges associated with the restoration project. Photo documentation may be provided to support the findings and recommendations referenced in the monitoring report and to assist the Corps in assessing whether the restoration project is meeting applicable performance standards for that monitoring period. Photos shall be printed on a standard 8 ½ x 11 piece of paper, dated, and clearly labeled with the direction from which the photo was taken. The photo location points shall also be identified on the maps. d. Maps and Plans (maximum of 3 pages): Maps shall be provided to show the location of the restoration site relative to other landscape features, habitat types, locations of photographic reference points, transects, sampling data points, and/or other features pertinent to the restoration plan. In addition, the submitted maps and plans should clearly delineate the restoration site perimeter(s). Each map or diagram should be formatted to print on a standard 8 ½ x 11 piece of paper and include a legend and the location of any photos submitted for review. As-built plans may be included. e. Conclusions (1 page): A general statement shall be included that describes the conditions of the restoration project. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions proposed by the Permittee or sponsor, including a timetable, shall be provided. 15. Remediation: If the Corps determines the restoration site fails to meet the performance standards 4 years after completion of the restoration objectives, the Permittee shall submit to the Corps an alternate proposal to restore the site within 60 days of the end of the 4-year period. The alternate proposal shall include mitigation to compensate for the temporal loss of wetland function associated with the unsuccessful restoration activities. The Corps reserves the right to fully evaluate, approve or reject the alternate restoration proposal. If the Permittee is given written notice that the restoration fails to meet the restoration objectives (See Special Condition 16), the Permittee shall complete the alternate restoration proposal. 11
16. Monitoring Release: The Permittee s responsibility to complete the required restoration will not be considered fulfilled until restoration success has been demonstrated and written verification has been provided by the Corps. Once the restoration area has been released by the Corps in writing, no further monitoring or reporting by the Permittee. 17. 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. 18. Regulatory Agency Changes: Prior to the initiation of any changes required in this permit or required by any other agency, the permittee shall submit a proposed modification to this permit instrument and receive approval from the Corps prior to initiation of those changes. 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 Cynthia Ovdenk by telephone at 239-334-1975. 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 take a few minutes to visit http://per2.nwp.usace.army.mil/survey.html and complete our automated Customer Service Survey. Your input is appreciated favorable or otherwise. Again, please be aware this web address is case sensitive and should be entered as it appears above. Sincerely, Enclosures Copies Furnished: EPA Atlanta, GA USFWS Vero Beach, FL DEP Fort Myers, FL SFWMD, Martin- St. Lucie Okeechobee Service Center, FL Theresa B. Hudson Chief, Enforcement Section 12
bcc: CESAJ-RD-PE
GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 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.
SELF-CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW-32 Application Number: SAJ-2008-04055 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 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 2
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2008-04055 (NW-32) 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) (SUBDIVISION) (DATE) (LOT) (BLOCK) (NAME-PRINTED) (STREET ADDRESS) (MAILING ADDRESS) (CITY, STATE, ZIP CODE)
Attachments to Department of the Army Permit Number SAJ-2008-04055 (NW-CDO) 1. PERMIT DRAWINGS: 14 pages, dated September 11, 2012 2. WATER QUALITY CERTIFICATION: Florida Department of Environmental Protection, Environmental Resource Permit No. 22-0303652-002 Specific Conditions in accordance with General Condition number 5: 6 pages. 3. U.S.EPA Administrative Consent Order Docket No. CWA-04-2012-5771: 173 Pages 4. Cultural Resources: Site Maps, 3 Pages - NOT FOR PUBLIC RELEASE, Protected under Archaeological Resources Protection Act of 1979 (Public Law 96-95; 16 USC 470hh(a)): Section 9 5. Protected Species under the Endangered Species Act, the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act: a. South Florida Ecological Services Office, Draft Eastern Indigo Snake Species Conservation Guidelines South Florida (May 2004); U.S. FWS Standard Protection Measures for the Eastern Indigo Snake b. Audubon s Caracara: South Florida Ecological Services, Draft Survey Protocol for Finding Caracara Nests, March 26, 2010, 4 Pages; FWC Recommended Management Practices and Survey Protocols for Audubon s Crested Caracara (Caracara cheriway audubonii) in Florida, Technical Report No. 18, September 2001, 23 Pages c. U.S. FWS Draft Species Conservation Guidelines and Supplemental Habitat Management Guidelines for the Wood Stork in the South Florida Ecological Services Consultation Area (Service 2004b) d. South Florida Ecological Services Office, Draft Snail Kite Survey Protocol (May 2004) U.SFWS Draft Snail Kite Management Guidelines (February 2006) e. American Swallow-tailed Kite Historic Communal Roost Colony Map f. Bald Eagle Management Plan (FWC 2008); Bald Eagle Monitoring Guidelines (USFWS 2007d) Location Map of Known Bald Eagle Nest 2
Due to file size limitations, Attachments can be downloaded from the following FTP site: 1. Open up internet explorer. 2. Type ftp.myfwc.com in address bar you should receive a page that has the title FTP root at ftp.myfwc.com: 3. Click Page (this is right next to the tools option at the top right hand of the screen) or click view from the menu bar. 4. Select Open FTP in windows explorer another window should pop up with folders like dev and bin. 5. In new window click File 6. Select login as 7. Username = fwcpub 8. Password = wecare 9. Click log in. 10. Click on the folder titled FWC 12 17 Cowbone Marsh Channel Restoration Project