DRAFT

NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT
FOR OFFSHORE FIBER OPTIC CABLES & CONDUITS

62-341.625 General Permit for Installation of Fiber Optic Cables and Associated Conduits within Reef-Gap Corridors in the Territorial Sea, Including Associated Upland Landings, in Palm Beach and Broward Counties

�� (1)� A general permit is hereby granted for the installation, alteration, operation, and maintenance of fiber optic cables and associated conduit systems within Palm Beach and Broward Counties, beginning at the state�s territorial limits to and including the manhole landing in the first mainland reached by the cable or conduit.� This includes: cable laying on the bottom of the territorial sea; attaching cables and conduits to existing structures; horizontal directional drilling; installing cables and conduits beneath the ocean floor; installing cables and conduits beneath the Intracoastal Waterway and beneath the lands, wetlands, and other surface waters between the first landfall and the manhole landing in the first mainland reached by the cable or conduit.

�� (2) Installation of fiber optic cables and associated conduits under this general permit is further authorized and limited as follows:
�� (a)� Offshore in the territorial sea, the cables and associated conduits must be directionally drilled waterward to and under the first reef tract (closest to shore).� The fiber optic cable and associated conduits must then pop up and be totally located within one of the following reef-gap corridors through the second and third reef tracts, as depicted in Figure 1: Briny Pete�s Gap, beginning at the easternmost end at S. Lat. 26 39.840/S. Long. 80 01.181 and N. Lat. 26 39.448/N. Long. 80 01.219 and extending perpendicular to shore in a 797 yard-wide corridor to 100 yards landward of the second reef tract; Murphy�s Gap, beginning at the easternmost end at S. Lat. 26 37.659/S. Long. 80 01.341 and N. Lat. 26 38.481/N. Long. 80 01.258 and extending perpendicular to shore in a 1,672 yard-wide corridor to 100 yards landward of the second reef tract; McAllister�s Gap, beginning at the easternmost end at S. Lat. 26 28.489/S. Long. 80 02.581 and N. Lat. 26 29.150/N. Long. 80 02.367 a 1,349 yard-wide corridor to 100 yards landward of the second reef tract; Bull Net Gap, beginning at the easternmost end at S. Lat. 26 16.570/S. Long. 80 03.810 and at N. Lat. 26 16.710/N. Long. 80 03.770 and extending perpendicular to shore in a 293 yard-wide corridor to 100 yards landward of the second reef tract; or Struhs� Gap, beginning at the easternmost end at S. Lat. 25 58.253/S. Long. 80 05.473 and N. Lat. 26 58.856/N. Long. 80 05.527 and extending perpendicular to shore in a 1,225 yard-wide corridor to 100 yards landward of the second reef tract;

�� (b)� Conduits and cables shall be installed and routed to avoid significant benthic resources which, for the purposes of this general permit, shall consist of seagrass beds, livebottom, worm reef, and hard and soft coral reef communities.� Conduit exit holes (or punch out points) shall be located in sandy bottoms no closer than within 200 feet of any significant benthic resources.� Offshore, the cables shall be laid on sandy bottoms and through the identified reef-gap corridors described in paragraph (2)(a) of this general permit.� Any extension of the conduits or cables from the first landfall to the manhole landing in the first mainland shall be done by directional drilling under all wetlands and other surface waters, or by suspending the cables or conduits from existing structures such as bridges;

�� (c)� Cables and conduits shall be aligned so as to avoid, protect, and not otherwise adversely affect: borrow areas permitted by local governments, the Department, or the U.S. Army Corps of Engineers for beach restoration or nourishment, navigation channels, state and federally-permitted artificial reefs, state and federally-permitted mitigation and restoration sites, military restricted areas, anchorage areas, and the locations of other existing or permitted cables, conduits or pipelines.� In addition, a 150-foot setback must be maintained from any borrow areas permitted by local governments, the Department, or the U.S. Army Corps of Engineers as a source of material for beach nourishment or renourishment projects.

�� (3)� This general permit is subject to the following special conditions:

�� (a)� The notice to use this general permit shall be submitted to the Environmental Resource Permit staff in the local office of the Department at least one month prior to the commencement of construction.

�� (b)� The permittee shall submit the following information with the notice to use this general permit:

�� 1.� The permittee shall provide documentation of consultation with the Department�s Office of Beaches and Coastal Systems that the alignment complies with the setbacks established in paragraph (2)(c) of this general permit;
�� 2.� A location map depicting the location of the alignments on current National Ocean and Atmospheric Administration navigational charts at a scale of not less than 1:40,000 (although larger scale maps, such as 1:10,000 shall be used where they are available), and the location of the cable and conduit landing locations in the uplands in sufficient detail to enable someone unfamiliar with the site to locate the work;
�� 3.� Scaled and fully dimensioned plan view and cross-sectional drawings, certified by a professional engineer or land surveyor, showing in detail the conduit and cable locations, and depicting that the offshore alignments are within the reef-gap corridors listed in paragraph (2)(a) of this general permit.� The drawings shall include: the depths of cable, and associated conduit, and the location and profiles of cable landings and connections thereto; and the locations, depths, and environmental characteristics and significant benthic resources within the project areas.� All depths shall be referenced to NGVD, and shall include mean high and low water elevations.� Drawings shall also include the� proximity of the conduit and cable to navigation channels, anchorage areas, artificial reefs, sewer and other utility lines and outfalls, military restricted areas, and the locations of other existing or permitted cables and conduits; and

�� 4.� A description of methodology to be used to conduct the activities.� This shall include a timeline for the work; equipment, vessels, and drilling materials to be used; and methods and procedures for maintaining water quality standards, protecting significant benthic resources; protecting endangered species, threatened species, and species of special concern; and otherwise complying with the terms and conditions of this general permit;

�� (c)� The permittee shall ensure that all contractors conducting activities under this general permit review the terms and conditions of this general permit and its associated documents prior to commencing work.� After selection of the contractors and a minimum of one week prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre-construction conference with a representative of the Department.� A firm commencement date will be given to Department staff during the pre-construction meeting.� The permittee shall contact the Environmental Resource Permit staff in the local office of the Department to schedule the conference;

�� (d)� The following conditions shall be followed as part of all directional-drilling operations:

�� 1.� All directional drilling activities shall take place during daylight hours only;

�� 2.� Visual inspections shall occur daily of the alignment of the conduits, beginning with �pop-out location� and continuing landward to the first mainland reached by the cables and conduits by onboard observers and scuba divers to monitor and detect any resource damage and water quality violations, including the unexpected releases of drilling lubricants or �frac-outs.�� At the end of each day, a log shall be prepared documenting any damage to significant benthic resources, and any water quality violations.� A copy of the original logs shall be submitted to the Environmental Resource Permit staff in the local office of the Department with the reports required in paragraph (3)(e)9 of this general permit;

�� 3.� Should sedimentation resulting from excessive turbidity, unexpected drilling lubricant releases, �frac-outs,� or damage to significant benthic resources be detected anywhere along the alignment at any time, the following measures shall immediately be taken:
�� a.� Environmental Resource Permit staff in the local office of the Department shall be immediately contacted by phone and fax;

�� b.� Drilling shall cease and the cause of the release or turbidity shall be determined and remedial measures shall be taken to prevent further releases of drilling lubricants, other sources of turbidity or any other substances exceeding state water quality standards;

�� c.� Within two days of the release, the damaged area shall be marked, the size and extent of the release shall be quantified, and the site of the release shall be documented by video tape and still photography referenced to established station numbers.� The latitude and longitude of the station numbers will be recorded using a differential Geographical Positioning System (DGPS).� The video camera will be on wide-angle mode.� The distance from the seafloor-cable to the video camera will be 40 to 50 cm.� The camera will be perpendicular (straight down) to the conduit or cable on the seafloor.� The video will be taken at a swim speed that allows for clear images (approximately 12 to 15 feet per minute).� Logs shall reflect the type, area, and source of impact, species affected, station and DGPS location, and depth.� Within two days after the damage is documented, a cleanup vessel shall be dispatched to the site of the damage and all released drilling materials shall be pumped up and disposed of in an approved landfill.� Between 30 and 60 days following this clean-up, a plan shall be submitted to the Environmental Resource Permitting staff in the local office of the Department for restoring the site or mitigating the damage (in the event the site cannot be restored).� This plan shall include time frames for completing work.� After this plan has been reviewed and approved by the Department, the permittee shall be responsible for complying with the terms and conditions of the plan;

�� d.� Should the release of drilling materials occur on land, a sediment fence shall be constructed around the site and the material shall be removed by vacuum truck positioned landward of any beach and dune systems to prevent disturbance to marine turtle nests;

�� e.� Drilling shall not recommence until any released drilling lubricants, excavated material, all other sources of turbidity have been restored to pre-construction conditions, water quality standards are no longer being violated, and contractors have been given approval by Department staff to continue drilling; and

�� f.�� Damage to significant benthic resources shall be corrected as provided in paragraph (3)(e)8 of this general permit;
�� 4.� To minimize the possibility of a drilling lubricant release during punch out, the site project manager shall, to the extent practicable, use water in place of drilling lubricants during the last 50 feet of the directional bore operation.� In such cases, the directional drill operator shall stop the flow of drilling lubricants and the bore hole shall be flushed with water in a manner that removes the drilling lubricant and returns it to self-contained uplands.� Once the drill string is clear of drilling lubricant, drilling shall be allowed to continue using water as the only boring medium;

�� 5.� The dredged material that is generated from the directional drilling operation shall be stockpiled in a self-contained location in the uplands in a manner that prevents its release into waters of the state.� At the end of the drilling, it shall be dried and then transported to an authorized landfill for disposal� [DOES THIS REALLY HAVE TO GO TO A LANDFILL? DOES IT HAVE AN ECONOMIC USE?].� No discharge of water or dredged material to waters of the state shall be allowed during stockpiling, drying, and transport;
�� 6.� Within 30 days of the manhole installation and completion of all directional drilling activities, the permittee shall fully restore the staging area to its original condition.� Paved surfaces shall be repaired and unpaved surface areas shall be replanted with non-exotic and non-invasive vegetation;
�� 7.� The following measures shall be taken in any area where marine turtles are nesting or have the potential to nest.
�� a.� With the exception of the horizontal drilling phase of the project, no construction, operation, transportation or storage of material and equipment shall occur on the beach during the marine turtle-nesting season (1 March through 31 October);

�� b.� No temporary lighting of the construction area visible from the seaward side of the beach dune crest is authorized at any time during marine turtle nesting season (1 March through 31 October).� No permanent lighting is authorized; and

�� c.� Any adverse impacts to marine turtles or their nests shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1-888-404-FWCC (1-888-404-3922).
�� (e)� The following conditions shall be followed during the laying and pulling of cables on the seafloor, and associated vessel operation:

�� 1.� Cable shall be laid during sea and wind conditions that permit the cable-laying vessels to maximize position and speed control;

�� 2.� To the extent practicable considering weather, safety, and navigational control, the speed of the cable-laying vessel over any significant benthic resources shall not exceed one-half to one knot speed over ground (S.O.G.);

�� 3.� Prior to any cable lay, the cable route through the reef-gap corridor shall be marked with buoys and then the cable shall be laid north and within 50 feet of the buoy line;

�� 4.� Vessels associated with the cable laying shall not anchor on any significant benthic resources; divers shall verify this through a visual inspection of the bottom before anchoring;
�� 5.� Any vessels involved with laying cables or conduit shall maintain a minimum clearance of ten feet above the bottom and above all significant benthic resources at all times.� Once the cable is near the bore exit site, the cable shall be installed through the bore pipe with the aid of divers;

�� 6.� Any collision with or injury to a manatee or marine turtle shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1-888-404-FWCC (1-888-404-3922).
�� 7.� Immediately (or as soon as practicable in the event of inclement weather and sea conditions) following the installation of each cable, an underwater visual and video inspection of the cable alignment and the adjacent bottoms shall be conducted beginning within 50 feet waterward of the third reef and extending to 50 feet landward of the third reef, and extending 50 feet on either side of the cable.� The inspection shall follow the procedures described in paragraph (3)(e)9 of this general permit� The inspection work shall be performed by persons capable of identifying coral reef organisms.� This inspection shall include a video tape record of the entire 100-foot wide alignment.� This inspection is to determine if a cable laying accident may have occurred and if any areas of significant benthic resources near where the cable has been laid has been adversely affected by the operations;
�� 8.� Should it be found the cable lay or conduit pop-out missed, in whole or in part, the reef-gap corridors described in paragraph� (2)(a) of this general permit, or if damage otherwise occurs to significant benthic resources outside the reef-gap corridors as a result of cable laying, pulling, or associated vessel operation, the following steps shall be taken to immediately relieve adverse impacts to significant benthic resources to the extent practicable:
�� a.� Any soft corals and sponges that are observed to be pinned under any cables shall be freed, and cables shall be adjusted, if possible, off of any stony coral colonies that are directly impacted or displaced by the cable;
�� b.� Hydrocorals, octocorals, and stony corals that have been dislocated or that are being abraded shall be relocated and repaired, if possible, by qualified individuals trained in livebottom relocations and holding a permit from the Florida Fish and Wildlife Conservation Commission to handle such resources, immediately during the inspection.� Relocation shall depend on the amount of abrasion and the ability to move the organisms without causing additional impacts.� If any questionable instances arise, Environmental Resource Permit staff in the local office of the Department shall be consulted for a recommendation.� All dislocated hydrocorals, octocorals, and stony corals shall be returned to their original location, if that can be determined, or as close as possible to that location, but not closer than ten feet to the cable, and repaired.� Abraded dislocated hydrocorals, octocorals, and stony corals requiring relocation also shall be moved at least ten feet from the cable.� All dislocated hydrocorals, octocorals, and stony corals will be secured to existing, non-disturbed hardbottom using Type II Portland cement or marine epoxy.� Each relocated and reattached organism will be photographed, videotaped, tagged, and logged (noting location, depth, species, and extent of work).� The location and extent of all areas identified as needing relocation and repair, and all relocation and repair work performed, shall be shown in the maps and described in the reports required under paragraph (3)(d)9.b of this general permit.� The above relocation and reattachment shall commence immediately (or as soon as practicable in the event of inclement weather and sea conditions) after the damage is detected, and shall be completed within 21 days of when the activity caused the damage; and
�� c.� During the inspection, areas where dislocated hydrocorals, octocorals, and stony corals have been adversely affected and cannot be relocated or repaired, using the descriptors below, will be video taped, photographed, logged, and temporarily marked using survey tape, rebar, or other readily-visible markers.� Hydrocorals, octocorals, and stony corals in need of repair will be specifically identified and similarly videotaped, photographed, logged, and tagged.
�� 9.� The following procedures shall be used to record all inspections and supporting videos required under this general permit:
�� a.� Initial and ending starting points shall be established and monumented (e.g., an eyebolt with a marker tag and small subsurface buoy); in the case of a grided area, these shall be at each far corner of the grid; in the case of a linear survey, these shall be at the beginning and end of the line.� In the event the area to be surveyed is to be more than 30 feet wide, the area shall be surveyed in regular intervals (not less than 30 feet apart.� The latitude and longitude of each monument will be recorded using a differential GPS (DGPS).� A measured tape will be used to locate adversely affected significant benthic resources along the transects from each monument, west to east, and the depth of the adversely affected significant benthic resource also shall be recorded.
�� b.� In the case of video surveys, the video camera will be on wide-angle mode.� The distance from the seafloor-cable to the video camera will be 40 to 50 cm.� The camera will be perpendicular (straight down) to the conduit or cable on the seafloor.� The video will be taken at a swim speed that allows for clear images (approximately 12 feet to 15 feet per minute).� If specific impacts are encountered, the camera operator will halt the survey and take panoramic as well as close up views of the injuries.
�� c.� Any adversely affected significant benthic resources encountered during the survey will be measured along the transect and at a 90 angle from the transect.� During the inspection, all adverse impacts to significant benthic resources shall be specifically photographed, videotaped, and logged.� The log shall note the type, area, and source of impact, species affected, station and DGPS location, and depth.� In addition, the logs shall specifically note hardbottom community impacts using the following descriptors:
�� 1.� Type 1 (cable suspended over significant benthic resources) - This is a situation where the cable is suspended over, and not touching, the significant benthic resource.� The size (diameter) and species of each significant benthic resource will be noted along with the distance (length) the cable is suspended over the significant benthic resource.

�� 2.� Type 2 (cable touching significant benthic resources) - This is a situation where the cable has been laid on significant benthic resources and is touching the significant benthic resource.� The size (diameter) and species of significant benthic resource will be noted, along with the distance (length) the cable is touching the significant benthic resource.

�� 3.� Type 3 (cable abrading significant benthic resource) - This is a situation where the cable is laying on and has abraded the significant benthic resource, and the damage is expected to continue.� The size (diameter) and species of organism, the area of abrasion, and impacts to the significant benthic resource related to the cable shall be noted.

�� 4.� Type 4 (significant benthic resources abraded but not currently being abraded) - This is a situation where the significant benthic resource has been abraded during the installation process but the cable is not currently abrading the significant benthic resource.� The size (diameter) and species of significant benthic resource will be noted, along with the area of abrasion.

�� 5.� Type 5 (dislocated significant benthic resources) - This is a situation where significant benthic resources have been dislocated.� The size (diameter) and species of significant benthic resource will be noted.
�� d.� Within 30 days after completion of the reef-gap corridor and cable alignment inspections (including relocations and repairs) required in paragraphs (3)(d)2(3)(e)7, and (3)(e)8 of this general permit, a report with accompanying videos, photographs, and other reporting information required in those paragraphs, shall be filed with the Environmental Resource Permit staff in the local office of the Department containing a table and related discussion summarizing the amount and type of resource impacts resulting from all cable laying and drilling activities.� This report shall include tables that separately summarize the total adverse impacts to: seagrasses; macro marine algae; hardbottom (broken down by area of impact to soft corals, hard corals, sponges, worm reef, and limerock outcrop), including a breakdown using the descriptors in paragraph (3)(e)9.a of this general permit; and other resources (such as inadvertent impacts to artificial reefs).� The report shall include the species affected, depth of the resources, nature of the impact, source of the impact, and all measures taken to relocate and repair impacts.� These materials shall form the basis for determining mitigation to offset impacts to resource communities.
�� f.� The permittee shall notify the Environmental Resource Permit staff in the local office of the Department within 48 hours prior to repairing, or maintaining any of the cables or conduits authorized under this permit.� Such work can be authorized under this general permit provided the conditions and thresholds are not exceeded and all reporting requirements and other conditions are met. Such repairs and maintenance shall be treated as new cable lays.

�� (g)� Should any other regulatory agency require changes to the permitted activity, the permittee shall notify the Environmental Resource Permit staff in the local office of the Department in writing of the changes prior to implementation, so that a determination can be made whether the work continues to qualify under this general permit, or whether another form of authorization is required.

�� (h)� A copy of this permit, complete with all drawings, conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity, and shall be available for review at the work site upon request by Department staff.

�� (i)� No cables shall be permanently connected to facilities in the uplands until all the post-construction reports required above have been submitted in accordance with the requirements of this general permit, and all applicable sovereign submerged lands authorizations have been obtained under chapter 18-21, F.A.C.� However, temporary connections lasting no longer than necessary to test the facilities are authorized.
Specific Authority� 373.026, 373.043, 373.044, 373.118, 373.406, 403.814, FS.
Law Implemented� 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 403.814, FS. [need to update]
History -- New_______________.
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