Okaloosa County BOCC — January 21, 2014 — reading text

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 can not 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 FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. Packet Pg. 530 , ' " -3- 6. Best management practices shall be used at all times during the permitted activities to minimize turbidity. Methods for controlling turbidity shall include, but not be limited to the use of floating turbidity curtains. Prior to initiating the permitted activity, floating turbidity curtains shall encircle the permit area and shall be maintained for the duration of the permitted activities. 7. No building or fill materials, tools or other equipment shall be stockpiled within waters of the United States. 8. All contractors involved in this permitted activity shall be provided copies of this permit in its entirety. A copy shall remain on site at all times during construction. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination/decision, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331 . Enclosed you will find a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination/decision, you must submit a completed RFA form to the South Atlantic Division Office at the following address: Mr. Jason Steele South Atlantic Division U.S. Army Corps of Engineers CESAD-CM-CO-R, Room 9M15 60 Forsyth St., SW. Atlanta, Georgia 30303-8801 . Mr. Steele can be reached by telephone number at 404-562-5137, or by facsimile at 404-562- 5138. . In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete , that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by August 7, 2011. It is not necessary to submit an RFA form to the Division office, if you do not object to the determination/decision in this letter. The impact of your proposal on navigation and the environment have been reviewed and found to be insignificant. The permit is hereby modified in accordance with your request, and the permit is hereby extended for an additional one year. Therefore, all work should be completed on or before July 10, 2012. You should attach this letter to the permit. All other conditions of the permit remain in full force and effect. If you have any questions concerning permit modification, please contact the project manager, Mary Hartshorn, at the letterhead address, by telephone at 850-433-3510 or by electronic mail at mary.b.hartshorn@usace.army.mil. Packet Pg. 531 · ' -4- 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 the following link and complete our automated Customer Service Survey: http://per2.nwp.usace.army.millsurvey.html. Your input is appreciated - favorable or otherwise. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~~-.:~ / } / Alfred A. Pantano, Jr. {7 Colonel, U.S. Army District Commander Enclosure: Permit Drawings Request for Appeals form Copy/ies Furnished: MRD Associates, Inc. CESAJ-RD-PE Packet Pg. 532  INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: ffyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. ff you received a Letter ofPermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: ffyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. ff you received a Letter ofPermission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pelmit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Packet Pg. 533  '$EG1JGN II -REQU!ES:;r FOIt'MP:EJA't;5rbB1EGI~bNS ,To:Aiji;~Tw., PROFFERED PERMlt~ ",,:.a;~\~I;'k"0 ~¥#' )~i~I:f;;" REASONS FOR APPEAL OR OBJECTIONS : (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POIN;C OF ,CONTAC'f;'F6R QUESU9NS OR INl1'ORMj\TlON":.~;';~/: ,'~",~" ~j':, ,},~,,1;""';rti.i;:$~t~;,. ",' ':'~~'T " If you have questions regarding this decision andlor the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: _ Mary Hartshorn Jason Steele 850-433-3510 404-562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of