Jacksonville District Regulatory Division

The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 56 of 57 existing nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. USACE will propose not to reissue one nationwide permit authorizing activities associated with finfish mariculture. USACE will also propose to issue one new nationwide permit that pertains to authorizing activities to facilitate fish passage.

The U.S. Army Corps of Engineers announced today it is seeking comments on its proposal to renew and revise 56 existing nationwide permits and issue one new nationwide permit authorizing activities associated with improving fish passage. Nationwide permits authorize activities in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.

Presentations from Workshop are at the bottom of https://meetusaceregulatory.com

The U.S. Army Corps of Engineers announced today it is seeking comments on its proposal to renew and revise 56 existing nationwide permits and issue one new nationwide permit authorizing activities associated with improving fish passage. Nationwide permits authorize activities in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.

The Corps is required to evaluate the potential impacts of a proposed action on any federally listed threatened or endangered species or its designated critical habitat. These evaluations often require coordination with the U.S. Fish and Wildlife Service and/or NOAA Fisheries pursuant to Section 7 of the Endangered Species Act.

As prescribed under Section 7(a)(2) of the ESA and its implementing regulations at 50 CFR Section 402, for every activity involving a federal action, the Corps must evaluate the effects of the action on any listed species or its habitat. Depending on the outcome of this determination, the Corps may engage in informal or formal consultation with the Services.

More information:

• U.S. Fish & Wildlife Service Area of Responsibility Map
• Shore Protection Activities - Statewide Programmatic Biological Opinion
• Gulf Coast Species List
• Atlantic Coast Species List

On November 20, 2017, the National Marine Fisheries Service (NMFS), Southeast Regional Office, Protected Resources Division, signed a District-Wide Biological Opinion referred to as JaxBO. JaxBO provides a programmatic tool to address consultation requirements pursuant to Section 7, Endangered Species Act (ESA), for threatened and endangered species, and their critical habitat, under NMFS purview found in the State of Florida. JaxBO evaluates the effects of ten categories of “in-water” activities on those threatened and endangered species under NMFS purview. For the ten activities, JaxBO provides programmatic concurrence if a proposed activity or project complies with the project design criteria (PDCs) for the specific activity. This programmatic approach will help expedite ESA consultation between the Jacksonville District and the NMFS for the ten “in-water” activities. Additionally, government entities (e.g., Florida Department of Environmental Protection, Water Management District, or a local government with authority under Section 373.441, F.S) with delegated authority to issue permits under the authority of Section 10, Rivers and Harbors Act, and/or Section 404, Clean Water Act may rely on JaxBO to satisfy ESA requirements. JaxBO supersedes and replaces previously issued Biological Opinions for the following General Permits: SPGP IV-RI (SER-2011-05980); 12 SAJ GPs (SER 2011-01939); SAJ-82 (SER-2008-02958); SAJ-42 (SER-2008-01790); and SWPBO (SER-2013-12540). JaxBO will not replace or supersede the following Opinions (completed or in progress): SAJ-99 (SER-2014-13378); SAJ-71 (SER-2015-17183); SAJ-112 (SER-2014-15282); SARBO (NMFS 1997); and GRBO (NMFS 2007)

Documents: JAXBO Document | Revised PDCs Explanation

The Nassau Grouper was listed as a threatened species under the Endangered Species Act, per the Federal Register listing on June 29, 2016. This species' range includes the Florida (i.e., northern reach of Everglades National Park on west coast to Cape Canaveral on east coast). This species is not common in Florida waters and typically not found north of Government Cut, Miami-Dade County, but is relatively more commonly encountered in the Antilles. The Nassau grouper, especially adults, is found near structure. Spawning aggregation forms during full moon events between Nov-Feb of each year. The effects of entanglement and fishing-related activities are of concern to the National Marine Fisheries Service (NMFS), the agency responsible for protection of this species. These concerns are addressed using project design criteria (PDCs) in JaxBO, which are designed to mitigate the effects of these activities. The JaxBO PDCs also address the indirect effects of activities on the Nassau grouper and other species. The Nassau grouper Integration Framework has been provided by NMFS to the Corps for determining the effects of activities on this species. In water lines, cables, must be rigid, thus reducing potential for entanglement, Requirements for monofilament disposal bins on structures, Maintaining structures to be free of debris, monofilament, and Applicability to only non-municipal and commercial piers..

• NMFS Info Sheet
• NMFS Species Profile

Species Assessment Guides (SAGS) for Species and Critical Habitat (CH) known to occur in the Florida Keys National Marine Sanctuary (FKNMS) including Eastern indigo snake, Schaus swallowtail butterfly, Keys tree cactus, Stock Island tree snail, Key deer, Lower Keys marsh rabbit, Silver rice rat, Silver rice rat CH, Key Largo woodrat, cottonmouse, American crocodile The US Fish and Wildlife Service has provided SAGs for addressing ESA responsibilities for projects which may affect, but are not likely to adversely affect the following protected species and/or designated CH within the FKNMS:

• FKNMS programmatic consultation agreement
• Eastern indigo snake
• Schaus swallowtail butterfly
• Keys tree cactus
• Stock Island tree snail
• Key Deer
• Lower Keys marsh rabbit
• Silver rice rat
• Silver rice rat CH
• Key Largo woodrat and cottonmouse
• American crocodile

More information may be found by accessing the following webpage:

• U.S. Fish and Wildlife Service (fws.gov)

The following document transmits the U.S. Fish and Wildlife Service’s (Service) Programmatic Piping Plover Biological Opinion (P3BO) for the effects of U.S. Army Corps of Engineers (Corps) planning and regulatory shore protection activities on the non-breeding piping plover (Charadrius melodus) and its designated Critical Habitat in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The current status of the federally listed piping plover is threatened, and the Service designated Critical Habitat for wintering piping plovers on July 10, 2001. This P3BO is for the North Florida Ecological Services Office (NFESO) and the South Florida Ecological Services Office (SFESO) areas of responsibility (AORs).

• Piping Plover Programmatic Biological Opinion (P3BO)

On November 1, 2013, the Florida Bonneted Bat (FBB) was federally listed as endangered under the Endangered Species Act. On October 22, 2019, the United States Fish and Wildlife Service (Service) provided the United States Army Corps of Engineers (Corps) Jacksonville District with the Florida Bonneted Bat Consultation Guidelines and incorporated Florida Bonneted Bat Consultation Key (Key). This October 2019 Key supersedes the 2013 Guidance. The Key is provided pursuant to the Service’s authorities under the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C.1531 et seq.). The purpose of the guidelines and Key is to aid the Corps (or other Federal action agency) in making appropriate effect determinations for the Florida bonneted bat under section 7 of the Act and streamline informal consultation with the Service for the Florida bonneted bat when the proposed action is consistent with the Key.

• 2019 Florida Bonneted Bat Key
• Locations and Habitat

The U.S. Fish and Wildlife Service (Service), through consultation with the U.S. Army Corps of Engineers, Jacksonville District (Corps), have standardized the programmatic concurrence and key for effect determinations for the Eastern Indigo Snake (Drymarchon corais couperi). This document has now been approved for use in making effect determinations throughout the State of Florida.

• Standard Protection measures
• Determination Key(South Florida)
• Determination Key(North Florida)
• Eastern Indigo Snake Poster
• Eastern Indigo Snake Brochure
• USFWS Survey Protocol in North and Central Florida

Tools to improve the timing and consistency of review of federal permit applications for potential effects of these projects on the endangered Everglades Snail Kite ( (Rostrhamus sociabilis plumbeus), or their wetland habitats, within the U. S. Fish And Wildlife Service's geographic area of responsibility in Florida are currently under review. They will be posted to this site as soon as they are approved for use.

This key is based on the most recent (best available scientific and commercial) data. The boundaries of the prior "consultation area" have been modified, the term "consultation area" has been discontinued, and a new term, "focus area," introduced. The terms do not have the same connotation and should not be considered interchangeable. The Panther Focus Area south of the Caloosahatchee River is divided into Primary, Secondary and Dispersal Zones; and north of the Caloosahatchee River into Primary Dispersal/Expansion Area and Thatcher Model Dispersal Pathways. Also, consultation may be necessary outside the focus area, depending on several factors which are described in the "rationale."

• Effect Determination Key

Dated August 18, 2000 provides final interim Standard Local Operating Procedures for Endangered Species (SLOPES) for conducting consultations between the Fish & Wildlife Service and the Corps for permit applications regarding the Florida panther.

• U.S. Fish and Wildlife Letter

Nine endangered and six threatened mussels are known to exist in the watersheds of the Escambia, Yellow, Choctawhatchee, Apalachicola and Ochlockonee rivers of Alabama, Florida and Georgia. Regulatory project managers will evaluate projects that occur in these rivers and their tributaries for potential effects to these listed species and/or designated critical habitat, and initiate consultation with the US Fish and Wildlife Service (USFWS) in accordance with Section 7 of the Endangered Species Act.

• USFWS Panama City Office

   

• Gulf Sturgeon

National Oceanographic and Atmospheric Administration (NOAA) Fisheries listed Johnson's seagrass as threatened under the Endangered Species Act in 1998 and designated critical habitat on April 5, 2000. On April 14, 2022, NOAA published a final rule to delist Johnson's seagrass (Halophila johnsonii) because newly obtained genetic data demonstrate that Johnson's seagrass is not a unique taxon but rather a clone of an Indo-Pacific species, Halophila ovalis. Therefore, Johnson's seagrass does not qualify for listing under the Endangered Species Act. The delisting became effective on May 16, 2022. To correspond with this action, NOAA also removed the critical habitat designation for Johnson's seagrass. Additional information can be found on NOAA's website.

• NOAA Delisting Notice
• NOAA's website

• 2019 Key Addendum
• 2013 Manatee Key
• Text of Key
• Overview Map
• County Maps
• Speed Zones
• Maps of Federal Manatee Protection Areas
• Standard Conditions for In-Water Work - 2011
• Manatee Education Signs Brochure - March 2011
• Special Manatee Sanctuary Conditions/Exceptions
• Manatee Biological Evaluation Applicant Form - other than single-family
• FWS Letter Dated April 25, 2013
• 2011_Manatee Programmatic BO with Appendices

• Abstract
• Characterization Scoresheet
• Critical Habitat Map
• Reach maps
• Manatee Biological Data

Tools to improve the timing and consistency of review of Federal permit applications for potential effects of these projects on the endangered North Atlantic Right whale (Balaena glacialis (incl. australis)), or their habitats, within the National Marine Fisheries Service's geographic area of responsibility in Florida are currently under review. They will be posted to this site as soon as they are approved for use.

• Species Profile

• T&E Species in Your Area

• FWS Wood Stork Page

• Tribal Affairs and Initiatives
• National Register Information System
• Center for Cultural Site Preservation Technology
• Interim Section 106 Guidance
• Interim Guidance, 2007
• Policy Guidance Letter #57
• DoD Indian and Alaskan Native Policy

The Jacksonville District has had a Setback Policy in place since 1935 to be utilized for review of structures proposed along certain Federal channels. Operational circumstances and development have dictated the need to make modifications to the Setback Policy over time. In November 2017, the Jacksonville District provided public notice of the current Setback Policy which applies to the Atlantic Intracoastal Waterway (AIWW) from the Georgia/Florida state line to the St. Johns River, Intracoastal Waterway (IWW) on the east coast of Florida from the St. Johns River to Miami, Intracoastal Waterway (GIWW) on the west coast of Florida from the Caloosahatchee River to Anclote River, and the Okeechobee Waterway (OWW).

• Setback Guidance with Appendices
• August 2013 FAQs

Federal agencies, (including the Corps of Engineers) are required to consult with National Oceanic and Atmospheric Administration (NOAA) Fisheries on all actions or proposed actions that may adversely affect Essential Fisheries Habitat (EFH). If coastal development projects have the potential to adversely affect marine, estuarine or anadromous species or their habitat, the National Marine Fisheries Service (NMFS) makes recommendations on how to avoid, minimize or compensate these impacts.

• Dock Construction Guidelines (2001)
• Johnson's seagrass Dock Key (2002)

• Standard Manatee Conditions for In-Water Work (2011)
• Conditions for Sea Turtles, Sawfish, Sturgeons

In Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service - August 2001 (updated June 2008)

For Docks or Other Minor Structures Constructed in or over Johnson's seagrass (Halophila johnsonii) National Marine Fisheries Service/U.S. Army Corps of Engineers - February 2002 (Johnson's seagrass only occurs in the estuarine lagoonal systems on Florida's east coast from Sebastian Inlet (Brevard County) south to the middle of Biscayne Bay (Rickenbacker Causeway-Miami-Dade County)) (updated October 2002)

• Dock Construction Guidelines
• Key for Construction Conditions

In Florida, The U.S. Army Corps of Engineers, Jacksonville District, exercises Section 10 (of the Rivers and Harbors Act of 1899) regulatory jurisdiction over the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Additionally, all or portions of tributaries to the above waters may also be subject to Section 10 authority. However, complete lists of all rivers, streams, creeks, ponds, and lakes subject to Corps Section 10 authority are not available. Below are lists of waters over which the Jacksonville District currently exercises regulatory jurisdiction under the authority of both Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act on all or a portion of the listed water. The absence of a water on these lists does not mean it or a portion of it is not a navigable water. Likewise, the inclusion of a water on these lists is not meant to imply that the water is subject to Section 10 authority in its entirety. All waters subject to the ebb and flow of the tide (tidal action) are navigable waters of the US, and many of the waters listed below have some portion that is subject to the ebb and flow of the tide.

Inquiries concerning Department of the Army Permit requirements on these and other tributary streams and lakes not listed below should be submitted on a case-by case basis to the Regulatory Division, Jacksonville District.

The Section 10 waters lists (below) from the Jacksonville District were compiled from multiple approved and draft navigability studies conducted during the 1970s and 1980s, and from local knowledge of tidally influenced waters. The District makes no claim that these lists are complete or completely accurate. These lists are for regulatory reference purposes only. They are not a substitute for a jurisdictional determination (JD). It is imperative that you contact the appropriate Regulatory Permit Section for a determination on whether the Corps is able to ascertain if a particular project falls within or outside of Section 10 authority.View List of Navigable Waters

• Hydrographic/Bathymetric Survey
• Submerged Aquatic Vegetation Survey Guidelines