1. Regulatory Permits for Activities Funded Under FIND’s Assistance Program
Tori White
Deputy, Regulatory Division
U.S. Army Corps of Engineers
Jacksonville District
May 19, 2017

2. Regulatory Authorities2

3. Regulatory Program Goals
Protect navigation and prevent obstructions in the nation’s
waters
Provide strong protection of the nation's aquatic environment,
including wetlands 
Enhance the efficiency of regulatory program administration  
Provide fair and reasonable decisions 3

4. Types of Permits
Individual Permits. Project-unique evaluation & authorization.
Standard Permits (SP).
Involved process (public notice, agency review).
Letters of Permission (LOP).
Less controversial / Minor impacts
Coordinate with agencies/neighbors (no public notice)
General Permits.
Similar activities resulting in minimal impacts to water quality and the environment, individually and cumulatively
Must be reissued every five years
Individual projects verified if meet terms and conditions of the General Permit.
Nationwide permits (NWP) issued by Corps HQ
Regional permits (RGP) issued by districts and divisions
Programmatic permits (PGP) reduce duplication
Summarize the IP process
Compare GP to IP process 4

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

6. Nationwide Permits (NWPs) (Expires March 18, 2022)
NWPs #1 & #2 – Aids to Navigation & Structures in Artificial Canals [canals within principally residential developments].
NWPs #3, #19 & #35 – Maintenance, Minor Dredging and Maintenance Dredging of Existing Basins.
NWP #5 - Scientific Measurement Devices.
NWP #7 - Outfall Structures & Associated Intake Structures.
NWP #12 - Utility Line Activities.
NWPs #13 & #54 - Bank Stabilization & Living Shorelines.
NWP #22 - Removal of Vessels [or manmade obstructions].
NWP #27 - Aquatic Habitat Enhancement and Restoration Activities.
NWP #28 – Modifications of Existing Marinas.
NWP #33 - Temporary Construction, Access and Dewatering (also authorized under NWPs #3, #12 & #13 when associated with those activities).
NWP #36 - Boat Ramps.

7. NWPs Major Changes* (Expires March 18, 2022)
*those changes that would be applicable to FIND projects.
NWPs #1 - Aids to Navigation: Restrictions & coordination within Federal project channel and/or project lands.
NWPs #3 - Maintenance: Can be used for removal of previously authorized works. Adds removal of accumulated sediment vicinity of an existing structure.
NWP #35 - Maintenance Dredging of Existing Basins: Submittal required if within submerged aquatic vegetation.
NWP #12 - Utility Line Activities: Exclude crossings of Federal channels (instead use Regional General Permits SAJ-13 for aerial crossings and SAJ-14 for subaqueous crossings).
(continued next slide)

8. NWPs Major Changes (Expires March 18, 2022)
NWPs #13 Bank Stabilization: Waiver still possible greater than 500 linear feet but now cannot exceed 1,000 linear feet; and, Previously authorized structures adjacent to Federal channel destroyed by act of nature or other event require submittal/review pursuant to current setback guidance (is possible may not be authorized).
NWPs #54 - Living Shorelines: New starting 2017 to provide an NWP in addition to the one for traditional stabilization (NWP #13); limit 500 linear feet along bank and 30 feet waterward (but can be waived).
NWP #27 - Aquatic Habitat Enhancement and Restoration Activities: Must be planned, designed and implements so that results in aquatic habitat that resembles an ecological reference; and, Coordination required for thin-layer placement projects.
NWP #28 – Modifications of Existing Marinas: Restrictions & coordination within Federal project channel and/or project lands.

9. State Programmatic General Permit SPGP-V (Expires July 25, 2021)
Shoreline Stabilization
Docks, Piers, Pile Supported Structures
Boat Ramps
Maintenance dredging
Transient Activities
PDC prohibit adverse impacts to wetlands, seagrass, corals, and DCH. Other terms and conditions minimize impacts to the aquatic resources.

10. SPGP-V Exclusion Areas
Acropora Critical Habitat (CH)
Johnson’s seagrass CH
Smalltooth Sawfish CH (except permitted channels maintained greater than 3’)
Monroe County (except for boat lifts)
Privately owned parcels
90% open water
50% seagrass
Neighbors similar to

11. PGP SAJ-42 Minor Activities
in Miami-Dade County
(Expires April 29, 2018)
Shoreline Stabilization
Maintenance dredging of residential canals
Subaqueous utility lines
Stormwater outfalls
Minor Structures
Piers and docks
Private single-family floating vessel platforms
PDC prohibit adverse impacts to wetlands, seagrass, corals, and EFH. Other terms and conditions minimize impacts to the aquatic resources.

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

13. Statewide Programmatic Biological Opinion (SWPBO)
SWPBO PDC
All projects/permit types
Activity specific
Critical Habitat specific
Noise Best Management Practices
Metal pilings/sheet piles by impact hammer not authorized
If 5 or more concrete pilings a day using impact hammer in confined space, must use noise abatement measures

14. SWPBO Covered Activities
Shoreline stabilization
Pile-supported structures
Maintenance and minor dredging
Reconfiguration and repair of docking facilities within a marina
Outfall structures
Scientific survey devices
Boat ramps
Aquatic habitat enhancement and restoration activities
Aerial and subaqueous utility and transmission lines
Marine debris removal
Temporary platforms, access fill, and cofferdams

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

16. Shoreline Stabilization PDC
500’ in length or 18” waterward of MHWL or existing seawall
Riprap cannot extend more than 10’ waterward of MHWL
Pile Supported Structures PDC
Dock construction guidelines
Johnson’s seagrass construction guidelines
Mangrove removal limited to 4’ in width
Allows up to 20 slips

17. Dredging PDC
Maintenance dredging limited to authorized depth or -5’ MLW
New dredging limited to 1200 sf
Excludes federal channel
Excludes impact to listed seagrass, corals

18. Marina Reconfig/Repair PDC
No increase in the total number of slips or an increase in size of the outer perimeter
Excludes impact to listed seagrass, corals, mangroves
Dock construction guidelines

19. Boat Ramp PDC Debris Removal PDC
Motorized new ramps limited to 40’ wide, 2 lanes, & 70 spaces for trailers
Non-motorized new ramps limited to 60’ wide
Excludes impact to listed seagrass, coral, mangroves
Debris Removal PDC
Requires visual confirmation and removal by lifting

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

21. Acropora CH Seawalls, Pile Supported Structures, Boat Ramps:
New or expanded activity not authorized where essential features are present
Repair and replacement allowed within existing footprint
Dredging, Marina reconfig/repair
Excluded where essential features are present
Aquatic Restoration:

22. Johnson’s Seagrass CH Marina Reconfig/Repair: Boat Ramps:
Allowed if area of impact does not exceed original marina
Boat Ramps:
Activities that remove essential features are not authorized
Aquatic Restoration:
Living shorelines excluded
Reefs can be authorized if in waters deeper than 12’ deep

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

26. NMFS Pilot Project for Informal Consultation
Implemented in March 2016
Minimal effects to NMFS ESA resources & DCH & low litigation risk
Action Agency develops consultation request document of potential effects
NMFS provides written concurrence
Avg time frame of 60 days

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

28. Entanglement and Entrapment
NMFS provided report on Potential Impact of Artificial Reefs on Sea Turtle Conservation in FL, January 2017
Numerous documented accounts of entanglement and entrapment of sea turtles in artificial reef materials
Entanglement in marine debris affects over 200 species
ESA Consultation is typically formal for structures such as artificial reefs, fishing piers
pyramidal modules should have
openings >4’
recommend periodic line removal
in depths < 40m

29. Helpful Hints Submit permit applications EARLY
Maximize use of efficiencies e.g.NWPs, GPs, SWPBO
Ensure Pre-construction notification includes PDCs
Request pre-application meeting for “big” projects
Ensure application is COMPLETE (Corps supplemental
form; ENG 4345)
Include Section 7 Checklist if not covered programmatically
Include survey of aquatic resources

30. SAJ Permit Offices

31. FIND Assistance Applicants
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US ARMY CORPS OF ENGINEERS | Jacksonville District

32. Questions ?
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US ARMY CORPS OF ENGINEERS | Jacksonville District