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HomeMy WebLinkAboutBanana River Aquatic Preserve SAJ-2009-03428 (NW-MAM) /¢ I!; .� DEPARTMENT OF THE ARMY , 4�� /j �' 3 2 JACKSONVILLE DISTRICT CORPS OF ENGINEERS a ;1111 � �' COCOA REGULATORY FIELD OFFICE 400 HIGH POINT DRIVE, SUITE 600 ~'Tf OSraresot ` COCOA, FLORIDA 32926 REPLY TO ATTENTION OF s North Permits Branch DEC 2 8 2009 Cocoa Section SAJ- 2009- 03428(NW -MAM) i i City of Cape Canaveral c /o. Bennett Boucher ' 105 Polk Avenue Cape Canaveral, FL 32920 1 1 1 Dear Mr. Boucher: Your application for a Department of the Army permit received on September 24, 2009, has been assigned number SAJ -2009- 03428(NW -MAM). A review of the information and drawings provided shows the proposed work is to restore an estuarine habitat on the 1 shoreline of the Banana River Aquatic Preserve. The work will include the mechanical removal of exotic and invasive vegetation such as Brazilian pepper, followed by the planting of desirable native vegetation such as mangroves. The project is located at Tax Parcel I.D # 24- 37- 22- 01- 0000A.0- 0009.00, west of Long Point 1 Road, Cape Canaveral (Sections 22, Township 24 south, Range 37 east), in Brevard County, Florida. $ Your project, as depicted on the enclosed drawings, is 5 authorized by Nationwide Permit (NWP) Number 27. In addition, project specific conditions have been enclosed. This 1 verification is valid until December 28, 2011. 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. 72, dated March 12, 1 2007, the Corrections to the Final Nationwide Permits, Federal Register 72, May 8, 2007, and the List of Regional Conditions. The website address is as follows: i htt / /www.sa usace.arm mil /Divisions /Re ulator /sourcebook.htm. P� J • Y• g Y i ' 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 # 27. Additionally, enclosed is a list of the six General Conditions, which apply to all Department of the 0 I I 1 1 -2- 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. 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. Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232 -0019. 2. 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, Post Office Box 4970, Jacksonville, Florida 32232 -0019. The Permittee shall reference this permit number, SAJ- 2009 - 3428- (NW -MAM), on all submittals. 3. Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas adjacent to wetlands shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized. 4. The Wetland Enhancement shall include the removal of Category I and II invasive exotic plant species from 7.1 acres of exotic invaded forested wetlands via mechanical and chemical treatments and shall avoid any damage to the existing mangrove vegetation. 5. The permittee agrees to revegetate the wetland areas by planting desirable native wetland species that includes red and buttomwood mangroves at their appropriate hydrologic environments. The success criteria shall include: less than 5% 3i , } -3- 4 coverage of nuisance and exotic vegetation, and 80% or greater coverage of desirable native wetland vegetation. 6. The permittee agrees to follow the construction methods, work schedule, and monitoring and reporting timeframes provided in Attachment 2 of this permit. Monitoring reports shall include the time -zero report depicting baseline conditions of the project site prior to enhancement, followed by 5 years of annual monitoring reports. 7. Reporting Format: Annual monitoring reports shall follow a 10 -page maximum report format for assessing compensatory mitigation sites. The Permittee shall submit all documentation to the Corps on 8 -inch by 11 -inch paper, and include the following: 1 a. Project Overview (1 Page): (1) Department of the Army Permit Number (2) Name and contact information of Permittee and consultant (3) Name of party 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 mitigation acreage and type of aquatic resources authorized to compensate for the aquatic impacts. (5) Written description of the location, any identifiable landmarks of the compensatory mitigation project including information to locate the site perimeter(s), and coordinates of the mitigation site (expressed as latitude, longitudes, UTMs, state plane coordinate system, etc.). (6) Dates compensatory mitigation commenced and /or was completed (7) Short statement on whether the performance standards are being met (8) Dates of any recent corrective or maintenance activities conducted since the previous report submission • • • -4- (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 mitigation plan and special conditions of this permit, and evaluate whether the compensatory mitigation project site 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 mitigation site. c. Summary Data (maximum of 4 pages): Summary data should be provided to substantiate the success and /or potential challenges associated with the compensatory mitigation project. Photo documentation may be provided to support the findings and recommendations referenced in the monitoring report and to assist the PM in assessing whether the compensatory mitigation project is meeting applicable performance standards for that monitoring period. Submitted photos should be formatted to print on a standard 8 x 11" piece of paper, dated, and clearly labeled with the direction from which the photo was taken. The photo location points should also be identified on the appropriate maps. d. Maps and Plans (maximum of 3 pages): Maps shall be provided to show the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of photographic reference points, transects, sampling data points, and /or other features pertinent to the mitigation plan. In addition, the submitted maps and plans should clearly delineate the mitigation site perimeter(s). Each map or diagram should be formatted to print on a standard 8 ;" x 11" piece of paper and include a legend and the location of any photos submitted for review. As -built plans may be included. 3 e. Conclusions (1 page): A general statement shall be included that describes the conditions of the compensatory mitigation 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. The District Commander will ultimately determine if the mitigation site is successful for a given monitoring period. 1 -5- i 8. The Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated February 12, 2004 and provided in Attachment 1 of this permit." 1 9. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to 1 the start of work, the Permittee or other party on the Permittee's behalf, shall conduct a search in the National 1 Register Information System (NRIS). Information can be found at; i http: / /www.cr.nps.gov /nr /research /nris.htm. Information on properties eligible for inclusion in the National Register can be I identified by contacting the Florida Master File Office by email 1 at fmsfile @dos.state.fl.us or by telephone at 850 - 245 -6440. i If unexpected cultural resources are encountered at any time within the project area that was not the subject of a previous g cultural resource assessment survey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the SHPO immediately, as well as the appropriate Army Corps of Engineers office. After such notifications, project activities should not resume without 1 verbal and /or written authorization from the SHPO. 1 1 If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes, unless on Federal lands. After such notifications, project activities on non - Federal lands shall not resume without verbal and /or written authorization from the Florida State Archaeologist for finds under his or her jurisdiction. i S This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. In Florida, projects qualifying for this NWP must ` I be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under # §. 373.069, F.S., or a local government with delegated authority 1 under §. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for 1 1 the use of sovereignty submerged lands. You should check State- i 1 permitting requirements with the Florida Department of xi Environmental Protection or the appropriate water management district. i I i 4 - 6 - This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration PY Y � P date for the above referenced NWP, please contact Miguel Mozdzen by telephone at 321 - 504 -3771 ext. 26, or by e -mail at Miguel .A.Mozdzen @usace.army.mil. 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 : / /regulatory.usacesurvey.com /. Your input is appreciated - favorable or otherwise. Sincerely, t Miguel Mozdzen Project Manager 1 1 GENERAL CONDITIONS 33 CFR PART 320 -330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1 1. The time limit for completing the work authorized ends on date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for 1 a time extension to this office for consideration at least one month before the above date is reached. i 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. 4 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. i 1 1 1 1 I 1 SELF- CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW -27 Application Number: SAJ- 2009- 03428(NW -MAM) 1 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.): 1 1 Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): 1 1 ) 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 k Date 1 ( 1 1 1 DEPARTMENT OF THE ARMY PERMIT TRANSFER REOUEST Permit Number: NW -27 Application Number: SAJ- 2009- 03428(NW -MUM) 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. 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U) - a) w CU Q O a) 0 Q 's 'My �� / a i C N CII to a 111 .{ R ___ c a) � >, � � ��� 3 �.. ; r �. 0 O a) O o Y C 2 ca E L a) cp N = O .z.,-.:.• O cp Q) L o O O c �- u) — Q C� ..* . O Q (3 C C. C C O ,_ cn L p IQ 1..... �,. e> _� . _c -O c0 V p ( _ - VJ 0 1/4 ,41 , ' % i ‘ ' ' Y o Q p E c -t c15 o > , a 0 ) . ' ` C L a) f — o _C Y Q) Q) v) r > O Q) O C U L O ca • 0 p) 06- O ()CI. p a. co 0 >, c _ o cn 'a L O) � O CB 1R ° ", -, � .. _ � a) y Q om ) Q) (� . } '4.r Q) Z U C L CII O i ,_ QJF . 'r `� i e ,may c 4 i Q O O p ).44444 s '�" 73 O) O 5 2 +- L H cn . c cn ..c o_ . u) O . - o D David S. Hobbie Page 13 STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE 1 1. An eastern indigo snake protectionieducation plan shall be developed by the applicant or r requestor for all construction personnel to follow. The plan shall be provided to the 1 Service for review and approval at least 30 days prior to any clearing activities. The educational materials for the plan may consist of a combination of posters, videos, I pamphlets, and lectures (e.g., an observer trained to identify eastern indigo snakes could use the protection/education plan to instruct construction personnel before any clearing activities occur). Informational signs should be posted throughout the construction site and along any proposed access road to contain the following information: A a. a description of the eastern indigo snake, its habits, and protection under Federal Law; b. instructions not to injure, harm, harass or kill this species; c. directions to cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site on its own before resuming clearing; and, d. telephone numbers of pertinent agencies to be contacted if a dead eastern indigo snake is encountered. The dead specimen should be thoroughly soaked in water and then frozen. t 2. If not currently authorized through an Incidental Take Statement in association with a ( Biological Opinion, only individuals who have been either authorized by a section 10(a)(1)(A) permit issued by the Service, or by the State of Florida through the Florida Fish Wildlife Conservation Commission (FWC) for such activities, are permitted to come i in contact with an eastern indigo snake. ) 3. An eastern indigo snake monitoring report must be submitted to the appropriate Florida Field Office within 60 days of the conclusion of clearing phases. The report should be submitted whether or not eastern indigo snakes are observed. The report should contain the following information: a. any sightings of eastern indigo snakes and b. other obligations required by the Florida Fish and Wildlife Conservation Commission, as stipulated in the permit. I 1 1 I Revised February 12, 2004 i 1 U.S. Army Corps _- 0 I ,e, 1 of Engineers Appl.# S a7 - Loe 9 - a9 le 1 Date IL /zi /09 Attachment # 4 of L Initials K 4 1• 0 i i l I ( 1 1 Section B1 - Location Map. I A location map of the project property is attached (Figure 1). 1 Section B2 — Site Plan. A site plan of the project property is attached (Figure 2). Section B3 — Wetland Description. I Wetlands have been delineated at the site by the City's consultant — BKI, Inc. The wetlands boundaries identified at the site are shown on Figure 5. Section B4 — Construction Methods and Schedule. Construction methods are discussed in Part 6 of Section A of this permit application. A proposed construction schedule is as follows: i • Week1: o Contractor meets with City staff and adjoining property owners; o Logistics are finalized (storage area for equipment, property access, etc.); o Plans are discussed with contractor — wetland areas identified to contractor — mangrove areas identified to contractor; and o Any final issues are resolved; 1 • Week 2: o Contractor begins clear - cutting/mulching of Brazilian pepper trees; o City's inmate crew and City staff to follow contractor work crew and apply poison to Brazilian pepper stumps; a o Plantings delivered to the City's Public Works Facility; and o General cleanup and final mulching operations. • Week 3: o Planting of selected trees at the property site by the contractor and City staff; o Plantings will be placed at 30 -foot intervals to account for future growth; and o Selected areas will be planted with red mangroves — in -fill areas adjacent to the Banana River and along the drainage canals. 1 The work is anticipated to begin in March, April or May 2010 — after blossoming of the Brazilian pepper trees is complete. This will eliminate the possible spreading of Brazilian peppers to other portions of the site. 1 U.S. Army Corps 0 I 1'1' of Engineers Appl.# San - 2 O,0 - 312$ Date le- /44(.09 Attachment # Z of Z Initials K4es. I 1 l I 1 I 3 / Section B5 — Additional Information. 1 Additional maps of the project property are included as Figure 3 (Topographic Map), Figure 4 (Soils Map), Figure 5 (Wetlands Survey), and Figure 6 (Monitoring Plan). The proposed project Monitoring Plan is described below. Monitoring Plan — Banana River Estuary Restoration Project 1 Monitoring Plan — Pre -Work Conditions. Prior to initiating the field work, baseline conditions will be observed /documented within the Monitoring Plan Areas (2), which will consist of (1) a 150 feet by 150 feet area located in the northeastern corner of the property and (2) a 150 feet by 150 feet area located in the northwestern corner of the site (see Figure 6). The number /percent cover of Brazilian pepper trees located within the Monitoring Plan Areas will be documented for future use in determining project success rates. Monitoring Plan — Post -Work Conditions. The Monitoring Plan for the proposed project will include semi - annual site visits for a period of five (5) years to determine success rates for both the (1) non - reoccurrence of non - native plant species (i.e., Brazilian pepper trees) and (2) survival rate of newly - planted native plant species (i.e., buttonwoods [Conocarpus erectus]). During the semi - annual site visits, both Monitoring Plan Areas will be traversed and the number /percent cover of Brazilian pepper trees will be documented. These data will then be compared to the baseline data to determine project success rates. The number /percent cover of buttonwoods within the Monitoring Plan Areas will also be documented to determine project survival rates. Monitoring Plan Tasks. The project uses simple yet proven methods for the eradication of non - native plant species and habitat rehabilitation. Specifically, the proposed Monitoring Plan includes the following tasks: Non - native Plant Species: 1). Parameters monitored: Number /percent cover of Brazilian pepper trees within Monitoring Plan Areas; 2). Measurements: Number /percent cover of Brazilian pepper trees in the Monitoring Plan Areas; 3). Evaluation: Statistical comparison with baseline data — success ratio will be defined as a minimum of 80% reduction in Brazilian pepper trees from the Monitoring Plan Areas; 4). Success criteria: Directly linked to one of the primary project goals (i.e., eradication of non - native plant species); and 5). Indicators: Reoccurrence of Brazilian pepper trees within the Monitoring Plan Areas. Native Plant Species: 1). Parameters monitored: Number /percent cover of buttonwoods within the Monitoring Plan Areas; 1 i I 1 3 a A 2). Measurements: Number /percent cover (survival) of newly planted buttonwoods within the Monitoring Plan Areas; 3). Evaluation: Statistical comparison — success ratio will be defined as a minimum of 90% survival rate of buttonwoods; ; 1 4). Success criteria: Directly linked to one of the primary project goals (i.e., planting of native plant species to replace non - native plant species); and 5). Indicators: Survival of newly planted buttonwoods within the Monitoring Plan Areas. i The Project Coordinator will prepare and submit semi - annual reports detailing the results 1 of the monitoring activities and statistical analyses. The reports will also include il recommended corrective actions (if any), and any other pertinent site information. Corrective actions will most likely include the recommendation for the performance of 1 "pepper busting" events. (Note: The City currently has a very active citizen volunteer group for environmental- related projects. It is anticipated that these citizen volunteers will perform several "pepper busting" events during the first several years after the 1 project is complete.) 1 1 Section B6 — Rule Section Number. NA. 1 Section B7 — Construction Plans. NA. i 0 1 1 1 1 y h • • . • • IP. rQ Q h i .Q L u w O� C se. Mt L 0 . I r Q L Or i+ I) R U . O • O a i.I i et et Q O i i CI o c , u Q i > = h�l 4 Q PI 6. CLO L. Clt ti) C •mil ■ .n, CO O in C eq k U CI " f, L 02 Q Q • I. rZ ^ ♦� a• MEI W. CO •^I 1. a 1 VD u /. Z Q Q.. 0 . • l