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Agenda 11/08/2011 Item #16D1511/8/2011 Item 16,D.15. EXECUTIVE SiJNIIVIARY Recommendation to approve and authorize the Chairman to execute Permit No: SAJ -1987- 1080 (IP -SJF) for the Interim Maintenance Dredging of the Wiggins Pass Channel. OBJECTIVE: Recommendation to approve and authorize the Chairman to execute Permit No: SAJ -1987 -1080 (IP -SJF) for the Interim Maintenance Dredging of the Wiggins Pass Channel. CONSIDERATIONS: The USACE has issued Permit SAJ- 1987 -1080 (IP -SJF) for the maintenance dredging of Wiggins Pass. This is a 5 year permit for the maintenance of Wiggins Pass and is in no way connected with the straightening of the Wiggins Pass channel. This permit was issued January 31, 2011 and requires execution by the Chairman of the BCC. The timing and execution of this permit is consistent with the normal order of sequence associated with processing USACE , and DEP regulatory agency permits. FISCAL IMPACT: There is no fiscal impact with the execution of this permit application. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan Objective 1.3, Policy 1.3.2, to ensure that access to waterways remains available to the general public. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute Permit No: SAJ- 1987 -1080 (IP -SJF) for the Interim Maintenance Dredging of the Wiggins. Pass Channel PREPARED BY: J. Gary McAlpin, P.E., Director, CZM Department Packet Page -1070- 11/8/2011 Item 16.D.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.15. Item Summary: Recommendation to approve and authorize the Chairman to execute Permit No: SAJ- 1987 -1080 (IP -SJF) for the Interim Maintenance Dredging of the Wiggins Pass Channel. Meeting Date: 11/8/2011 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 10/27/20119:56:40 AM Submitted by Title: Accountant,Coastal Zone Management Name: HambrightGail 10/27/2011 9:56:42 AM Approved By Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 10/27/2011 10:18:15 AM Name: NelsonTona Title: Administrative Assistant, Senior,Parks & Recreation Date: 10/27/2011 12:45:18 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 10/28/2011 10:02:42 AM Name: RamseyMarla Title: Administrator, Public Services Date: 10/28/20115:06:11 PM Packet Page -1071- Name: KlatzkowJeff Title: County Attorney, Date: 10/31/20119:34:39 AM Name: FinnEd Date: 11/1/2011 2:33:30 PM Name: IsacksonMark 11/8/2011 Item 16.D.15. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/1/20113:01:59 PM Packet Page -1072- x 11/8/2011 /f DEPARTMENT OF THE ARMY PERMIT Permittee: Collier County BOCC Coastal Zone Management Department 3301 Tamiami Tail East Naples, FL 34112 Permit Na: SAJ- 1987 -1080 (IP -SJF) Issuing Office: U.S. Army Engineer District, Jacksonville Item 16.D.15. - 7 - -y NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions snecifit-i hAlnw Project Description: The applicant PP proposes to conduct interim maintenance dredging of Wiggins Pass channel area 150' to 250' wide by 1,300' long to a depth of -14.2' NAVD with a 1 -foot allowable overdredge depth. A hydraulic dredge will remove the material from the channel and dispose of it in the nearshore waters by way of a floating spill barge. The dredge will be attached to the spill barge by a pipeline either floating or submerged. The pipeline will not be laid on the shoreline. The duration of in-water work is approximately 2 months. The proposed dredge cycle involves a one -time maintenance dredge of approximately 49,990 cubic yards of accreted sand, shell and sediment from the Wiggins Pass channel. The primary spoil site for beach compatible material (average silt content of 3o), is within a 17.72 acre near shore spoil area adjacent to Barefoot Beach to the north of the pass between markers R -11.4 and R- 14.2. In -water construction is estimated to be approximately 2 weeks in duration. There are no proposed impacts to wetlands, mangroves or submerged aquatic vegetation. You are authorized to conduct dredging and near shore sand placement activities on a 24 hour per day, 7 day per week schedule. You are not authorized to conduct activities during the peak sea turtle resting season (May 1 through October 31) . Packet Page -1073- 11 /8/2011 Item 16. D.15. T , PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 2 of 10 The work described above is to be completed in accordance with the 5 pages of drawings and 5 attachments affixed at the end of this permit instrument. Project Location: This project is located in the ebb -tidal shoals within the Gulf of Mexico at Wiggins Pass, Sections 17 and 20, Township 48 South, Range 25 East, Collier County, Florida. Directions to site': Take U.S. 41 to C.R. 846 (Immokalee- Naples Road). Head West on C.R. 846 to Delnor Wiggins State Park. Latitude & Longitude: Permit Conditions General Conditions: Latitude 26.28956 North Longitude 81.82879 West 1. The time limit for completing the work authorized ends on 5 years from the date identified in the letter. 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 Packet Page -1074- 11/8/2011 Item 16.D.15. PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 3 of 10 State coordination required to determine if the remains warrant a recovery effort or 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 and the mailing address 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 representatives 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. Special Conditions: 1. Reporting Address: All 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- 1987 -1080, on all submittals. 2. 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 cf work authorized by this permit. 3. Local Notice to Mariners (LNM): The dredge company shall advise the Coast Guard 30 days in advance of dredging so the project can be advertised to the Local Notice to Mariners (LNM) 4. Regulatory Agency Changes: Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to n this permit instrument is required prior to initiation of those Packet Page -1075- 11/8/2011 Item 16.D.15. PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 4 of 10 changes. It is the Permittee's responsibility to request a modification of this permit from the Fort Myers Regulatory Office. S. 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 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. 6. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work - 2009" provided in Attachment "B" of this permit. 7. Sea Turtle and Smalltooth 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 "C" of this permit. 8. As- Builts: Within 60 days of completion of the authorized work or at the expiration of the construction authorization of this permit, whichever occurs first, the Permittee shall submit as -built drawings of the authorized work and a completed As- Built Certification Form (Attachment E) to the Corps. The drawings shall be signed and sealed by a registered professional engineer and include the following: a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings -(81-2- inch by 11- inch) . The drawing should show all "earth disturbance," including wetland impacts, water management structures, and any on -site mitigation areas. Packet Page -1076- 11/8/2011 Item 16.D.15. PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 5 of 10 b. List any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the As -Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as -built drawings any deviations that have been listed. Please note that the depiction and /or description of any deviations on the drawings and /or As -Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers. C. The Department of the Army Permit number. d. Include pre- and post- construction aerial photographs of the project site, if available. 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). (X) 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. n Packet Page -1077- 11/8/2011 Item 16.D.15. . 1 PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 6 of 10 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. 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). Packet Page -1078- 11/8/2011 Item 16.D.15. PERMIT NUMBER: SAJ -1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 7 of 10 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. Packet Page -1079- PERMIT'NrBER: SAJ -1987 -1080 (IP -SJF) PERMITTE : Collier County BOCC PAGE 8' of 10 Your sign and agree permit. 11/8/2011 Item 16.D.15. ture below, as permittee, indicates that you accept to comply with the terms and conditions of this Boad of County Cotnmissioners Fred W.'Coyfe, Chairman (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINEER) Alfred A. Pantano, Jr. Colonel, U.S. Army District Commander roved as to form & legal suffidency Colleen Gmerw, County Attoorney G Assistant OV GHT E. BROCK, ChwIc or - Packet Page -1080- (DATE) 11/8/2011 Item 16.D.15. PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 9 of 10 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) (NAME- PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) Packet Page -1081- (DATE) �7 1 /� PERMIT NUMBER: SAJ- 1987 -1080 (IP -SJF) PERMITTEE: Collier County BOCC PAGE 10 of 10 n 11/8/2011 Item 16.D.15. Attachments to Department of the Army Permit Number SAJ -1987 -1080 (XP -SJF) ATTACHMENT A - PERMIT DRAWINGS: 5 pages, dated 23 July 2010. ATTACHMENT B - Standard Manatee Conditions for In -Water Work: 2 pages. ATTACHMENT C - Sea Turtle and Smalltooth Sawfish Construction Conditions: 1 page. ATTACHMENT D - WATER QUALITY CERTIFICATION: Specific Conditions of the Florida Department of Environmental Protection Permit dated in accordance with General Condition number 5 on page 3 of this DA permit: 10 pages. ATTACHMENT E - As -Built Certification: •2 pages. Packet Page -1082- 11/8/2011 Item 16.D.15. ATTACHMENT A SAJ -1987 -1080 (IP -SJF) Approved Permit Drawings (5 Pages) Packet Page -1083- e/WWWWW leesvoloy'.urivow eneneebnlvw ewemo..otwve�»we.�.+s •aq 'ainnnrowg gewertd trawo3 11/8/2011 Item 16.D.15. 7 nerd mac omt ter- I sxl II. 0 jZ V d w Ce 0 E5 V) w C3 0 p 0. 802 to z ZlAJCif o V Z5 Z:3 S( a. moo a. 4 •� m Z Hill i� U 6 n Packet Page -1084- 11 /R/0(11 1 I fin r►m 1 R r) 1 CJ ,'--N 11/8/2011 Item 16.D.15. nrri"o "Irw r�•OU61i110iYxv7W (OAVN 1334 NOLLVA313 $ ....Tr. WTI lg +I it SNMM —S5 W UNWYo 9 ; �y rN••1K 11"1'x! awMinos xotw YDOY'M'x rNt Q 75 r I n ° I3 .. Cl: 3NI - OMOUNION3 g ONNINV'id 'IHliYO'� � I ( 1 tiMO MM" am ci IcE MW d( nE WU Me" ILI qq 1 ' I i # I � I I i x -11 II , w I � � r I I I 1 til �l c { ll� w . r r . .., n u.. I I (QAYN 1331) MILVA313 - -,> Ii ;WYN 1331) NOtLYMM i Lis 9' (OAVN 1334 NOLLVA313 $ (MYN 1]31) NOLLYArG 8 +I it -al. �rt t la Q 75 r I ° I3 � I ( 1 I ' ci IcE � d( nE 1 ' I i # I � I i Ili A ( i til �l c { ll� w . r r . .., n u.. I I (QAYN 1331) MILVA313 - -,> Ii ;WYN 1331) NOtLYMM i Lis 9' Packet Page - 1086 - G. ' � F i I I s ! �$ 1 �I t 1 r Ir I i I OR +Y >3 i I w, a n o m ry ffi 1 (OAYN 13'ai) NMVA313 3 +I it �rt t la Q 75 r I I3 I 1. � I ( 1 I ' t � I I Packet Page - 1086 - G. ' � F i I I s ! �$ 1 �I t 1 r Ir I i I OR +Y >3 i I w, a n o m ry ffi 1 (OAYN 13'ai) NMVA313 3 am v VD'J nkrHt LLq{tr4 mm wooDY Voxve raw vowwItsout IIwrA v"NomroolvRkm •ae� 'ewua�wwe� Fg oNtxwa•y Trlmro� I 'x 1 J I 1 I f 1 R � � g I � t ' i 1 II I f F� N�• 1 I ; { 8 I I � i I A t; F ' 1 y iOAVtt 13341 111nk VA3r4 d �1 1 i AA � a t; 1 I k I' I { I A 6 1 k" 1380 WUVAM O a - t� pit 1 - t 1 I 1 t 1 I � I , I ' I ; I ' 1 I I t' Fr 1 r k L � inAwl Ia3A1 txouxVATk7 all lx� 1jF { t e ' z t, 1 I i c it 1 f ; 1 1 r 1 s � P O Ml •� Packet Page -1087- 11/8/2011 Item 16.D.15. GNOU�96- 650!!'J 13NNVgD 3 � rgmou srwvx t. �I t t IC ' a 8 � c J Diaz n. E t +r t ; I i i. I I { 1 1 � t ; N) 1 t g g I k { { �I t t IC ' a 8 � c J E t +r t ; I i i. I I { 1 1 � t ; 1 t g g I k { { a 1 ' I k I ON _W)*=V&M .1-9 ' /0�� WYN 1834) WUVA313 t ' �t sd x I k I Irj No i; l t, I ON _W)*=V&M .1-9 ' /0�� nL VATM OW NAVO', S s ° g I� p j a aao mApixi AnAmm Omni spm AREA PROMLIX ELEVATION (FEET NAW, i {C '111. Z"A"w (FEET MAYO) UIVATON (rL'ET NA%” ELEVATION Mr NAVO) 11/8/2011 Item 16.D.15. µ1M. „W011MTOM iOYNNMO ►N�iM1f H�i�ii ••y R°MOAAw rwr Matl MfJN{ Packet Page -1088- UPI 9 11 /8/2011 Item 16. D.15. ATTACHMENT B: SAJ- 1987 -1080 (IP -SJF) Standard Manatee Conditions for In -Water Work (2 Pages) n Packet Page -1089- 11/8/2011 Item 16.D.15. Ao"%11 STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2009 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. 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 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- 731 -3336) for north Florida or Vero Beach (1- 772 - 562 -3909) for south Florida. f. 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" 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. Packet Page -1090- 11/8/2011 Item 16.D.15. Packet Page -1091- .—, V. 11/8/2011 Item 16.D.15. ATTACHMENT C: SAJ- 1987 -1080 (IP -SJF) Sea Turtle and Smalltooth Sawfish Construction Conditions (1 Pages) Packet Page -1092- �harce os 11/8/2011 Item 16.D.15. UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES 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 smalltooth 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 Haw- A "�atirye,N,. K Packet Page -1093- 11/8/2011 Item 16.D.15. ATTACHMENT D: SAJ- 1987 -1080 (EP-SJF) Water Quality Certification (10 Pages) Packet Page -1094- 11/8/2011 Item 16.D.15. Joint Coastal Permit Wiggins Pass Entrance Channel Maintenance Dredging Permit No. 0142538- 009 -JC Page 5 of 15 IL . Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the Permittee shall submit to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer) and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two paper copies and one electronic copy of as -built drawings submitted to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer). SPECIFIC CONDITIONS: 1. No work shall be conducted until and unless the Department issues a Final Order of Variance (File No. 0142538 - 010 -BV) from Rule 62- 4.242(2)(a)2.b, F.A.C., to establish a maximum allowable turbidity level of 10 NTU's above background for activities conducted( ?) within Outstanding Florida Waters (OFW) for this project. 2. During dredging and nearshore placement activities, a qualified individual shall be on- site to monitor for prehistoric or historic artifacts. if prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoe remains, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. If such artifacts are discovered, the Permittee shall contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245 -6333 or (800) 847 -7278, and copy the JCP Compliance Officer. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources and a copy of the authorization is received by the JCP Compliance Officer. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. All reports or notices relating to this permit shall be sent to the DEP, Bureau of Beaches and Coastal Systems, JCP Compliance Officer, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399 -3000 (e -mail address: JCP Compl iancefri)dep.state.fl.us). 4. No work shall be conducted under this permit until the Permittee has received a written Notice to Proceed from the Department. At least 30 days prior to the requested date of issuance of the Notice to Proceed, the Permittee shall submit a written request for a Notice to Proceed and the following items for review and approval by the Department: Packet Page -1095- 11/8/2011 Item 16.D.15. Joint Coastal Permit Wiggins Pass Entrance Channel Maintenance Dredging n Permit No. 0142538 -009 -JC Page 6 of 15 a. Final plans and specifications: The Permittee shall provide the final plans and specifications for this project, which must be consistent with the activity description of this permit and the approved permit drawings. The Pennittee shall point out any deviations from the activity description or the approved permit drawings, and any significant changes would require a permit modification. Submittal shall include one (1) hardcopy (sized 11 inches by 17 inches or greater, with all text legible) and one (1) electronic copy of the final plans and specifications. The plans and specifications shall be accompanied by a letter indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated sites that will be used (such as a disposal or re -use location) and appropriate contact information for those facilities. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit; b. Turbidity monitoring qualifications: The Permittee shall provide the names and qualifications of those individuals who will be performing the turbidity monitoring, along with 24 -hour contact information. This monitoring shall be conducted by an independent third party (not associated with the construction contractor) with professional experience in monitoring turbidity for coastal construction projects. This individual shall have the authority to alter construction techniques or shut down the construction operations if turbidity levels exceed the specified turbidity standards; and C. Biological monitoring qualifications: The Permittee shall provide the names and qualifications of those individuals performing the biological monitoring, if required. All biological monitoring required by this permit shall be conducted by individuals that have a good working knowledge of algae, coral, and sponge taxonomy. Pre - Construction Conference. The Perinittee shall conduct a pre - construction conference to review the specific conditions and monitoring requirements of this permit with Permittee's contractors, the engineer of record and the JCP Compliance Officer (or designated alternate). Only one maintenance dredging event is permitted under this authorization. In order to ensure that appropriate representatives are available, at least twenty -one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below: Packet Page -1096- 11/8/2011 Item 16.D.15. Joint Coastal Permit Wiggins Pass Entrance Channel Maintenance Dredging Permit No. 0142538- 009 -JC Page 12 of 15 If dredging activities must be shut down 3 times due to turbidity compliance levels exceeding 10 NTUs above background within Wiggins Pass Estuarine Area/Cocohatchee River System OFW, from that point on, dredging within 150 meters of that OFW boundary shall be limited to out -going tides. 24. Turbidity Reports: Turbidity monitoring reports shall be submitted to the JCP Compliance Officer on a weekly basis, within seven (7) days of collection. Reports shall be submitted under a cover letter containing the following statement: "This information is provided in partial fulfillment of the monitoring requirements in Permit No. 0142538- 009 -JC, Wiggins Pass Entrance Channel Maintenance Dredging." The cover letter shall summarize any significant compliance issues and the dates or monitoring period of the reports. Also, please clearly reference the permit number on each page of the reports. In addition to analytical results for samples and quality control, each report should also include: a. Specific monitoring requirements for the sampling location; b. Time and date samples were taken; C. Sampling results, the net difference between compliance and background results, and whether the turbidity level is in compliance. 1'1 b. Depth of water body and depth of samples; C. Antecedent weather conditions, including wind direction and velocity; d. Tidal stage and direction of flow; e. A statement describing the methods used in collection, handling and analysis of the samples; f. Turbidity meter calibration/verification documentation; g. A map indicating the location of the current construction activity, the sampling locations (background and compliance), the visible plume pattern of the applicable mixing zone, and location of nearby Outstanding Florida Waters, if applicable; and h. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. 1 Packet Page -1097- 11/8/2011 Item 16.D.15. Joint Coastal Permit Wiggins Pass Entrance Channel Maintenance Dredging n Permit No. 0142538-009 -JC Page 13 of 15 BIOLOGICAL MONITORING 25. If nearshore disposal of dredged material occurs off of Barefoot Beach State Preserve, between R -11.4 and R -12, the Permittee shall conduct post - construction Biological Monitoring of the nearshore hardbottom adjacent to this location for at least 1, and up to three, years following maintenance dredging. The Permittee shall submit a draft Biological Monitoring Plan to the Department within 30 days of completion of the maintenance dredging, for review and approval. This plan shall incorporate the monitoring details outlined in Phase III and Appendix B of the Contingency Biological Monitoring Plan (dated September 10, 2010). Once the plan is approved, the first post - construction field survey shall be conducted, ideally between May and September of the following summer. Comparison of post - construction biological monitoring data for nearshore hardbottom impacts shall be made with the 2009 field survey, which serves as the baseline survey of this area for future maintenance dredging. PHYSICAL MONITORING 26. The Permittee shall conduct the annual monitoring program as specified in the Wiggins Pass Maintenance Dredging — Physical Monitoring Plan, dated November 5, 2010 (approved November 9, 2010). The approved Monitoring Plan can be revised at n any later time by written request of the Permittee and with the written approval of the Department. if subsequent to approval of the Monitoring Plan there is a request for modification of the permit, the Department may require revised or additional monitoring requirements as a condition of approval of the permit modification. The monitoring program shall generally include the following: a. Topographic and bathymetric profile surveys of the beach and offshore shall be conducted within 90 days prior to commencement of construction, and within 60 days following completion of construction of the project. Thereafter, monitoring surveys shall be conducted annually for a period of three (3) years. The monitoring surveys shall be conducted during a spring or summer month and repeated as close as practicable during that same month of the year. If the time period between the immediate post - construction survey and the first annual monitoring survey is less than six months, then the Permittee may request a postponement of the first monitoring survey until the following spring/summer. The request should be submitted as part of the cover letter for the post - construction report. The monitoring area shall include profile surveys at each of the Department of Environmental Protection's DNR reference monuments R -10 through R -22. The MHW shoreline north of R -17 at the west comer and the interior of Delnor- Wiggins Park will be surveyed to validate and supplement the shoreline identified from aerial photos of the area. The MHW survey will extend from R -17 Packet Page -1098- 11/8/2011 Item 16.D.15. Joint Coastal Permit Wiggins Pass Entrance Channel Maintenance Dredging Permit No. 0142538 -009 -JC Page 14 of 15 approximately 1,500 feet north and east along the sandy shoreline. All work activities and deliverables shall be conducted in accordance with the latest update of the Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects, Sections 01000 and 01100. b. Bathymetric surveys of the Wiggins Pass ebb shoal and navigation entrance channel shall be conducted within 90 days prior to commencement of construction, and within 60 days following completion of construction of the project concurrently with the beach and offshore surveys required above. Thereafter, monitoring surveys shall be conducted annually for period of three (3) years concurrently with the beach and offshore surveys required above. The bathymetric surveys conducted under Permit No. 0142538- 001 -JC will be extended to cover the entire distance between R -15 and R -18. In all other aspects, work activities and deliverables shall be consistent with the BBCS Monitoring Standards for Beach Erosion Control Projects, Section 01200. C. The Permittee shall submit an engineering report and the monitoring data to the BBCS within 90 days following completion of the post - construction survey and each annual or biennial monitoring survey. Aerial photographs will be provided from the County's program supporting other purposes, such as for environmental monitoring or property appraisal, which are collected annually. The report shall summarize and discuss the data, the performance of the beach fill project, and identify erosion and accretion patterns within the monitored area. In addition, the report shall include a comparative review of project performance to performance expectations and identification of adverse impacts attributable to the project. Appendices shall include plots of survey profiles and graphical representations of volumetric and shoreline position changes for the monitoring area. Results shall be analyzed for patterns, trends, or changes between annual surveys and cumulatively since project construction. Any shoreline and volume changes north of R -17 at the west corner and the interior of Delnor- Wiggins State Park shall be identified and reported, after which attribution shall be made to the dredging or other causes. d_ Two paper copies and one electronic copy of the monitoring report, and one electronic copy of the survey data shall be submitted to the Bureau of Beaches and Coastal Systems in Tallahassee. Failure to submit reports and data in a timely manner constitutes grounds for revocation of the permit. When submitting any monitoring information to the Bureau, please include a transmittal cover letter clearly labeled with the following at the top of each page: "This monitoring information is submitted in accordance with monitoring requirements in under Permit No. 0142538- 009-JC for the monitoring period [XX]. Packet Page -1099- 110� ATTACHMENT E: SAJ- 1987 -1080 (IP -SJF) As -Built Certification (2 Pages) Packet Page -1100- 11/8/2011 Item 16.D.15. 11/8/2011 Item 16.D.15. AS —BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as -built engineering drawings to the U.S. Army Corps of Engineers, Special Projects and Enforcement Branch, address of Enforcement PM, City, State zipcode.. If you have questions regarding this requirement, please contact the Special Projects and Enforcement Branch at 904- 232 -3131. 1. Department of the Army Permit Number: SAJ- 2. Permittee Information: Name Address 3. Project Site Identification: Physical location /address 4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on -site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as -built engineering drawings. Signature of Engineer Name (Please type) (FL, PR or VI) Reg. Number Company Name Address City State (Affix Seal) Date Telephone Number Packet Page -1101- ZIP 11/8/2011 Item 16.D.15. -2- Deviations from the approved permit drawings and special conditions: (attach additional pages if necessary) Packet Page -1102-