Okaloosa County BOCC — August 2, 2016 — 1996-03565 Okaloosa LAARS — reading text

where there are unique or unusual concentrations of bottom-dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 200 feet from these resources. Upon request from the Corps, the Permittee shall provide the information obtained from the assessment. 7. Pre-Deployment Notification: No less than 14 days prior to deployment of material on an artificial reef, the Permittee shall transmit by electronic mail (“email”) a complete and signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form (Attached), to the Corps and Florida Fish and Wildlife Conservation Commission (FWC) to allow inspection of the proposed reef materials as deemed necessary by the agencies. Inspection is allowable at the staging area. By signing the Pre-Deployment Notification the Permittee certifies all materials are free from asphalt, petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy material if notified by the Corps or FWC that the material is questionable. The material needs to be evaluated before it is released for deployment. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site. Deployment of the material shall not occur until after the end of the 14-day inspection period. The Permittee shall ensure both a copy of this permit and the signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form are maintained aboard the deployment vessel at all times during loading, transit, and deployment. 8. Post-Deployment Placement Report: No more than 30 days after deployment at the reef site, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed “Florida Artificial Reef Materials Placement Report and Post- Deployment Notification” form (Attached). Please note, the Corps requires the latitude and longitude to be accurate within 5 meters horizontal distance on the post-deployment report. Upon request from the Corps, the Permittee shall provide a sketch containing the approximate deployment configurations and the height of the material after placement. Depth shall be verified utilizing fathometer, depth sounder, or similar device PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 6 of 11 accurate to within 1 meter. Also, include information on the condition of the material at the time of deployment. The report and drawing shall be limited to a few pages per deployment. Representative photographs and/or video, if available, should be submitted. 9. Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies and acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the ability to assume liability for all damages that may arise with respect to the artificial reef. 10. 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 Corps, 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. 11. Sea Turtle/Sawfish/Sturgeon Guidelines: The Permittee shall comply with the attached National Marine Fisheries Service’s “Sea Turtle and Smalltooth Sawfish Construction Conditions”, which also applies to sturgeon. 12. Manatee Conditions: The Permittee shall comply with the attached “Standard Manatee Conditions for In-Water Work – 2011.” 13. Marine Life Entrapment: Neither reef structure nor material or the method of design or deployment should pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. The Permittee shall take all necessary action to minimize this risk. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the Enforcement Section by telephone at 850-433-8860 and the National Marine Fisheries Service by telephone at 727-824-5301. 14. Protected Species Guidance: The Permittee shall comply with the attached “Vessel Strike Avoidance Measures and Injured or Dead Protected Species Reporting”, for marine turtles and marine mammals. 15. Monitoring: As part of the yearly monitoring program the Permittee will conduct a fathometer scan once per year of a minimum of 10 percent of the artificial reef PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 7 of 11 deployments made during the previous year. The monitoring shall verify material location and condition and compare to such information from previous monitoring events to distinguish changes in either. The monitoring report shall be submitted to the Corps annually and include a spreadsheet representation of the site inspected and data gained with a written narrative and submitted in accordance with Special Condition 1. The Permittee is responsible for maintenance associated with the site, including the removal of entanglement hazards and other such assessments to ensure safe operation. 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) ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) 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. PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 8 of 11 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). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 10 of 11 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) PERMIT NUMBER: SAJ-1996-03565 (SP-SWA) PERMITTEE: Okaloosa Board of County Commissioners PAGE 11 of 11 Attachments to Department of the Army Permit Number SAJ-1996-03565 1. PERMIT DRAWINGS: Four (4) pages, dated March 2, 2016. 2. SEA TURTLE, SAWFISH AND STURGEON CONDITIONS: One (1) page. 3. MANATEE CONDITIONS: One (1) page. 4. VESSEL STRIKE AVOIDANCE MEASURES: Two (2) pages. 5. FLORIDA ARTIFICIAL REEF MATERIALS CARGO MANIFEST AND PRE- DEPLOYMENT NOTIFICATION FORM: Two (2) pages. 6. FLORIDA ARTIFICIAL REEF MATERIALS PLACEMENT REPORT AND POST- DEPLOYMENT NOTIFICATION FORM: One (1) page. 7. SELF-CERTIFICATION FORM: One (1) page. SAJ-1996-03565 Page 1 of 4 03/02/2016  N LARGE AREA ARTIFICIAL SITE A OKALOOSA COUNTY FLORIDA 'W E 30. 10.00' 30. 10.00' 86. 17.00' s 86. 25.00' 42,532.00' 0 :5000 10000 N\v' NE I J