Activities Covered by JaxBO Number Type Description 1 Shoreline Stabilization

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1 Posted 11/30/2017 NOTIFICATION THAT MANY PERMIT APPLICATIONS FOR IN-WATER WORK WILL BE REVIEWED USING THE NATIONAL MARINE FISHERIES SERVICE S (NMFS) RECENTLY ISSUED FINAL PROGRAMMATIC BIOLOGICAL OPINION (REFERRED TO AS JAXBO ) NMFS Consultation #SER BACKGROUND: Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C et seq.), requires that each federal agency ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of those species. When the action of a federal agency may affect a protected species or its critical habitat, that agency is required to consult with either the NMFS or the U.S. Fish and Wildlife Service (USFWS), depending upon the protected species or critical habitat that may be affected. On November 20, 2017, the NMFS approved a programmatic biological opinion (PBO), herein, referred to as JaxBO. This public notice announces the District s intent to use JaxBO, when applicable, to address consultation requirements for threatened and endangered species and their designated critical habitat occurring throughout the State of Florida, Commonwealth of Puerto Rico, and the U.S. Virgin Islands. In accordance with Section 7(a)(2) of the ESA, programmatic consultations allow for streamlined review of groups of frequently occurring or routine activities or Federal action agency policies, plans, regulations or programs that have well-understood and predictable effects on ESAlisted species and designated critical habitat. Programmatic consultations may be used to evaluate the effects of authorizing certain categories of frequently occurring activities or action Agency policy or programs, where specifics of any individual future project, such as the specific location, are not definitively known at the time of the programmatic consultation. This PBO requires adherence to certain project design criteria (PDCs), which may include technical and engineering design specifications as well as requirements on how an individual project must be sited, constructed, or otherwise carried out to avoid or minimize adverse effects to ESA-listed species or designated critical habitat. The PDCs serve the following two purposes: First, they ensure that the actions under consultation are sufficiently similar so that their effects can be analyzed together. Second, the PDCs help protect species and critical habitat, and ensure that the action agency is meeting its obligation under Section 7(a)(2); in designing the PDCs, NMFS and the action agency work to establish conditions that avoid adverse effects on listed species or designated critical habitat or, 1

2 The JaxBO addresses consultation for ten categories of in-water activities that occur throughout Florida, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. These activities are regulated pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344). ACTIVITIES COVERED BY THIS PBO: Activities Covered by JaxBO Number Type Description 1 Shoreline Stabilization maintenance), replacement, and removal of vertical seawalls and shoreline stabilization materials used to 2 Pile-supported Structures 3 Maintenance, Minor, and Muck Dredging 4 Water-Management Outfall Structures and Associated Endwalls 5 Scientific Survey Devices protect shorelines The construction of docks, marinas, minor structures, chickees (i.e., over-water camping platforms), ATONs, and private aids-to-navigation (PATONs) including pilesupported signs or anchored floating buoys. Activity 2 includes the installation, repair (e.g., maintenance), replacement, and removal of these structures The dredging of an area previously dredged under a permit by the USACE at the site of the previously authorized dredging, to the same depth and within the same footprint, but under a new authorization. Maintenance dredging may be necessary around docks to moor vessels, around boat ramps, and around other structures necessary to maintain adequate depth for vessel movement maintenance), replacement, and removal of watermanagement outfall structures. These structures are typically placed by trenching or excavating a conduit or discharge pipe from the stormwater system or mosquito ditch to an open water body for discharge or by installing a culvert to connect 2 water bodies to improve water circulation and water quality or restore hydrology maintenance), replacement, and removal of scientific survey devices include scientific measuring devices such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and vibracore devices. 6 Boat Ramps maintenance), replacement, and removal of boat ramps 2

3 7 Aquatic Habitat Enhancement, Establishment, and Restoration Activities 8 Transmission and Utility Lines 9 Marine Debris Removal 10 Temporary Platforms, Fill, and Cofferdams The construction of oyster reefs on un-vegetated bottom in tidal waters; constructing living shorelines, including using vegetative plantings and fill material to construct breakwaters parallel to the shore; enhancing or establishing submerged aquatic vegetation; constructing artificial reefs; and filling in areas to restore natural contours or improve water quality maintenance), replacement, and removal of transmission and utility lines including aerial and subaqueous lines The removal by divers, snorkelers of debris from a multitude of sources and events, including storm damage, lost fishing gear, or illegal dumping The placement of temporary platforms and fill; installation of pile jackets around piles to protect them (e.g., cathodic protection used for bridge supports); and installation of cofferdams to dewater an area for construction SPECIES AND CRITICAL HABITAT ADDRESSED BY THIS PBO: Species Species Covered by JaxBO ESA Listing Presence in Florida Sea Turtles Green (NA DPS and South Atlantic DPS) T P P Kemp s ridley E P NP Leatherback E P P Loggerhead (Northwest Atlantic Ocean DPS [NWA T P P DPS]) Hawksbill E P P Fish Smalltooth sawfish (U.S. DPS) E P NP Gulf sturgeon (Atlantic sturgeon, Gulf subspecies) T P NP Shortnose sturgeon E P NP Atlantic sturgeon (All DPSs) T/E P NP Nassau grouper T P P Scalloped hammerhead (Central and Southwest Atlantic DPS) T NP P Invertebrates and Marine Plants Elkhorn coral (Acropora palmata) T P P Staghorn coral (Acropora cervicornis) T P P Boulder star coral (Orbicella franksi) T P P Present in U.S. Caribbean 3

4 Mountainous star coral (Orbicella faveolata) T P P Lobed star coral (Orbicella annularis) T P P Rough cactus coral (Mycetophyllia ferox) T P P Pillar coral (Dendrogyra cylindrus) T P P Johnson s seagrass (Halophila johnsonii) T P NP Marine Mammals North Atlantic right whale E P NP Blue whale E P P Fin whale E P P Sei whale E P P Sperm whale E P P Bryde s whale E P NP E = Endangered; T = Threatened, P = Present, NP = Not Present Critical Habitat Covered by JaxBO Species Unit in Florida Unit in U.S. Caribbean Smalltooth sawfish Charlotte Harbor Estuary N/A Ten Thousand Islands/ Everglades Gulf sturgeon Units 9-14 N/A Loggerhead sea turtle (NWA DPS) Green sea turtle (NA DPS) Nearshore Reproductive Habitat: Units LOGG-N-14 to 32 Breeding Habitat: Units LOGG-N- 17, 19 Migratory Habitat: Units LOGG-N- 17, 18, 19 Sargassum Habitat: Unit LOGG-S-01 N/A N/A Culebra Island Hawksbill sea turtle N/A Mona and Monita Island Leatherback sea turtle N/A St Croix Island Staghorn and elkhorn coral Area 1: Florida Area 2: Puerto Rico and Associated Islands Area 3: St, John/St. Thomas, U.S. Virgin Islands Area 4: St. Croix, U.S. Virgin Islands Johnson s seagrass Units A-J N/A North Atlantic right Unit 2 N/A whale Atlantic sturgeon South Atlantic Unit 7 N/A N/A = Not applicable; DPS = Distinct Population Segment; NWA = Northwest Atlantic 4

5 AFFECTED DISTRICT GENERAL PERMITS: This notice also constitutes intent to modify the following District general permits to comport with JaxBO. This modification process will not change the dimensional components of work authorized by the above general permits; however, certain new or revised conditions (i.e., PDCs) may be required based on the activity. The following general permits will be subject to utilization of JaxBO: Permit Status Type Name SPGP Active PGP State Programmatic General Permit/ State of Florida SAJ-05 Active RGP Maintenance Dredging in Residential Canals SAJ-13 Active RGP Aerial Transmission Lines in FL SAJ-14 Active RGP Subaqueous Transmission Lines SAJ-17 Active RGP Minor Structures in FL SAJ-20 Active RGP Private Single-Family Docks/Piers SAJ-33 Active RGP Private Multi-Family or Government Docks/Piers SAJ-34 Active RGP Commercial Piers SAJ-42 Active PGP Minor Activities in Miami-Dade County SAJ-46 Active RGP Bulkheads & Backfill in Residential Canals SAJ-72 Active RGP Residential Docks in Citrus County SAJ-82 Active RGP Various Minor Activities in Monroe County, FL SAJ-91 Active PGP City of Cape Coral SAJ-96 Active PGP Minor Activities in Pinellas County The following general permits will not be affected by JaxBO, as consultation has been addressed via separate BOs: Permit Status Type BO Name SAJ-71 Active PGP SAJ-71 Live Rock Aquaculture in the Exclusive Economic Zone (EEZ) of Florida SAJ-93 Active RGP SARBO Maintenance Dredging by FIND SAJ-99 Active PGP SAJ-99 Live Rock and Marine Bivalve Aquaculture SAJ-112 Pendin RGP SAJ-112 Subsurface Structures for Propagating g Corals Additionally, JaxBO will not replace or supersede the following BOs: 1. Gulf of Mexico Hopper Dredging Regional Biological Opinion (GRBO) (2007) 2. Regional Biological Opinion on Hopper Dredging along the South Atlantic Coast (SARBO) (1997) EFFECTS ON AQUATIC RESOURCES: This notice is to announce a procedural change based on future utilization of JaxBO, which will serve to further streamline consultation requirements under Section 7, ESA. Therefore, the District maintains that there will be no adverse effects on aquatic resources or navigation as a result of this process change. 5

6 ADDITIONAL INFORMATION: To view the PBO, please visit the following web location and select HERE under Endangered Species/ "NEW" JAXBO NMFS District-Wide-Programmatic-Biological-Opinion Information on Federally protected species under NMFS purview can be found at: RESPONDING TO THIS NOTICE: This public notice is being distributed to inform the public on the Corps implementation of JaxBO. Any comments on this notice should be directed to Mr. Dale E. Beter at the above address or via at: For additional information on our regulatory program, please visit the following web location: 6