13-Appendix-D-Project-Specific-Monitoring-Conditions-Revised-2021.pdf

Appendix D

Project Specific Monitoring and Protection Conditions i

TABLE OF CONTENTS

INTRODUCTION

APPENDIX D-1 PROJECTS THAT INCLUDE SAND PLACEMENT FROM BEACH

NOURISHMENT, SAND BYPASSING AND TRANSFER, PRIMARILY FOR SHORE

PROTECTION

APPENDIX D-2 DREDGING ACTIVITIES

APPENDIX D-3 PROJECTS THAT INCLUDE CONSTRUCTION OF NEW GROINS

APPENDIX D-4 PROJECTS THAT INCLUDE GROIN OR JETTY REPAIR OR

REPLACEMENT

APPENDIX D-5 DUNE RESTORATION

APPENDIX D-6 ALL NOURISHMENT, GROIN, OR BUILDING OF A SECOND

DISCHARGE FOR SAND TRANSFER PLANT

APPENDIX D-7 TURBIDITY MONITORING REQUIREMENTS FOR ALL

NOURISHMENT AND GROIN CONSTRUCTION PROJECTS

APPENDIX D-8 REPORTING REQUIREMENTS FOR ALL NOURISHMENT,

BYPASSING AND GROIN PROJECTS

APPENDIX D-9A SEDIMENT QUALITY CONTROL/QUALITY ASSURANCE PLAN FOR

BEACH RESTORATION OR NOURISHMENT USING AN OFFSHORE BORROW AREA 38

APPENDIX D-9B SEDIMENT QUALITY CONTROL/QUALITY ASSURANCE PLAN FOR

BEACH OR DUNE RESTORATION USING AN UPLAND SAND SOURCE

INTRODUCTION

Appendices D-1 to D-8 pertain to specific types of construction activities and identify conditions that shall be followed and measures that shall be taken and/or met when projects employ these activities or are constructed for these purposes. Appendices D9a and D9b provide sediment quality control/quality assurance plans for beach restoration or nourishment projects when conducted using offshore borrow areas or upland sand sources, respectively.

APPENDIX D-1

Projects that Include Sand Placement from Beach Nourishment, Sand Bypassing and Transfer, Primarily for Shore Protection

A. Marine Turtle Nesting

1. The Permittee shall submit documentation from the U.S. Fish and Wildlife Service (USFWS) that the proposed work will be covered under a Statewide Programmatic Biological Opinion or a Biological Opinion(s) (BO) issued for construction on this project site.

2. In the event that additional or different requirements from the permit conditions are specified in the U.S. Fish and Wildlife Service (FWS) Incidental Take Authorization and Biological Opinion, additional marine turtle protection conditions will be required and incorporated into the BMA specific conditions.

3. The Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with the Permittee's contractors, the engineer of record, those responsible for turbidity monitoring, those responsible for protected species monitoring including the Marine Turtle Permit Holder, and staff representatives of the FWC and the JCP Compliance Officer (or designated alternate) prior to each construction event.

a. The Permittee shall provide written notification advising the participants of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number to the JCP Compliance Officer (JCPCompliance@dep.state.fl.us) and the FWC Imperiled Species Management Section (MarineTurtle@MyFWC.com).

b. If the actual construction start date is different from the expected start date proposed during the preconstruction conference, at least 48 hours prior to the commencement of each dredging event, the Permittee shall ensure that notification is sent to the FWC indicating the actual start date and the expected completion date to MarineTurtle@MyFWC.com. The Permittee mailto:JCPCompliance@dep.state.fl.us mailto:MarineTurtle@MyFWC.com shall also ensure that all contracted workers, observers and the Marine Turtle Permit Holder are provided a copy of all permit conditions.

4. Beach compatible fill must be sand that is similar to a native beach in the vicinity of the site that has not been affected by prior sand placement activity. The fill material must be similar in both coloration and grain size distribution to that native beach. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. Fill material shall comply with FDEP requirements pursuant to the rule 62B-41.005(15), F.A.C., as presented in Table 3 of the main agreement. A Quality Control Plan shall be implemented pursuant to rule 62B-41.008(1) (k) 4.b., F.A.C.

5. Sand placement shall not occur during the period of peak sea turtle egg laying and egg hatching to reduce the possibility of sea turtle nest burial, crushing of eggs, or nest excavation. Such projects shall be started after October 31 and be completed before May 1st. During the May 1 through October 31 period, no construction equipment or pipes may be placed and/or stored on the beach.

6. The Permittee shall ensure that marine turtle nesting surveys are conducted as required in this authorization by personnel with a valid FWC Marine Turtle Permit covering all project activities as required by Chapter 68E-1, F.A.C.

7. The FWC-authorized Marine Turtle Permit Holder (MTPH) shall begin daily surveys Island-wide (across all zones) on March 1 or after the first documented leatherback crawl, whichever is earlier, and shall continue until October 15 or twelve days after the last emergence on the island (if approved by FWC) except where daily monitoring must continue for beach cleaning or ongoing construction.

Nests remaining in the beach shall continue to be checked at least three times a week for post-construction monitoring after FWC has approved cessation of daily monitoring.

8. For sand placement projects occurring during the period from November 1 through November 30, daily early morning sea turtle nesting surveys shall be conducted 65 days prior to project initiation and continue through November 30, and eggs shall be relocated per the requirements listed. In the event FWC has approved the cessation of daily monitoring (e.g., no emergences for two weeks after last documented crawl), then late season monitoring shall not be required.

9. Nesting surveys and egg relocations shall only be conducted by persons with prior experience and training in these activities and who are duly authorized to conduct such activities through a valid permit issued by FWC pursuant to FAC 68E-1 in accordance with the following requirements.

a. Nesting surveys shall be conducted daily between sunrise and 9 a.m. Only those nests that may be affected by sand placement activities shall be relocated. Nest relocation shall not occur upon completion of sand placement.

b. Nests requiring relocation shall be moved no later than 9 a.m. the morning following deposition to a nearby self-release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation.

Relocated nests shall be placed at least twenty feet apart along the length and width of the beach in settings that are not expected to experience daily inundation by high tides or known to routinely experience severe erosion and egg loss, predation, or subject to artificial lighting. Nest relocations in association with construction activities shall cease when construction activities no longer threaten nests.

c. Nests deposited within areas where construction activities have ceased or will not occur for 65 days or nests laid in the nourished berm prior to tilling shall be marked and left in situ unless other factors threaten the success of the nest.

i. The marine turtle permit holder shall install an on-beach marker at the nest site and a secondary marker at a point as far landward as possible to assure that future location of the nest will be possible should the on-beach marker be lost.

ii. A series of stakes and highly visible survey ribbon or string shall be installed to establish a 10-foot radius around the nest. No activity shall occur within this area nor will any activity occur that could result in impacts to the nest.

iii. No activity will occur within this area nor will any activities occur that could result in impacts to the nest. Nest sites shall be inspected daily to assure nest markers remain in place and the nest has not been disturbed by the project activity.

iv. Nest markings may be reduced once active construction, demobilization, and tilling is completed.

10. During the period from March 1 through April 30, daytime surveys shall be conducted for leatherback sea turtle nests beginning March 1. Nighttime surveys for leatherback sea turtles shall begin when the first leatherback crawl is recorded on Palm Beach Island or on beaches immediately north of Lake Worth Inlet or south of South Lake Worth Inlet in accordance with the following requirements.

a. Nighttime surveys shall continue through April 30 or until completion of the project (whichever is earliest) or until completion of sand placement, demobilization, and tilling if work continues after May 1.

b. Nightly nesting surveys shall be conducted from 9 p.m. until 6 a.m. The project area shall be surveyed at 1- hour intervals (since leatherbacks require at least 1.5 hours to complete nesting, this will ensure all nesting leatherbacks are encountered) and eggs shall be relocated per the requirements listed.

11. All derelict concrete, metal, and coastal armoring geotextile material and other debris shall be removed from the beach prior to any sand placement to the maximum extent possible. If debris removal activities take place during the peak sea turtle nesting season, the work shall be conducted during daylight hours only and shall not commence until completion of the sea turtle nesting survey each day.

12. Staging areas and temporary storage for construction equipment and pipes shall be located off the beach to the maximum extent practicable. Nighttime storage of construction equipment not in use shall be located off the beach.

a. If staging and storage areas off the beach are not possible, then additional marine turtle and shorebird protective measures shall be implemented, including restrictions on lighting. Such protective measures shall be determined in coordination with the Department and the FWC prior to beginning of construction and shall include but not be limited to encircling equipment left on the beach with plywood or other study containment methods as approved in writing by FWC.

b. All construction pipes in use on the beach shall be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. Pipes placed parallel to the dune shall be 5 to 10 feet away from the toe of the dune.

13. If it is necessary to extend construction pipes past a known shorebird nesting site, then those pipes shall be placed landward of the site before birds are active in that area. No pipe or sand shall be placed seaward of a shorebird nesting site during the shorebird nesting season. If such placement is not feasible for the project, the FWC’s Regional Biologist shall be contacted for alternative measures. See contacts available at https://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts/.

14. Direct lighting of the beach and nearshore waters shall be limited to the immediate construction area and shall comply with safety requirements. Lighting on all equipment on the dredge and the beach shall be minimized through reduction, shielding, lowering, and appropriate placement to avoid excessive illumination of the water’s surface and nesting beach while meeting all Coast Guard, Corps EM 385-1-1, and OSHA requirements. Light intensity of lighting equipment shall be reduced to the minimum standard required by OSHA for General Construction areas, in order not to misdirect sea turtles. Shields shall be affixed to the light housing and be large enough to block light from all lamps from being transmitted outside the construction area (Figure 1) or to the adjacent sea turtle nesting beach in line-of-sight of the dredge.

https://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts/ https://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts/

Figure 1. Beach lighting schematic.

15. During the period during early (March 1 through April 30) and late (November 1 through November 30) nesting season, the contractor shall not extend the beach fill more than 500 feet (or other agreed upon length) along the shoreline between dusk and dawn of the following day until the daily nesting survey has been completed and the beach cleared for fill advancement. An exception to this may occur if there is a permitted sea turtle surveyor present on-site to ensure no nesting and hatching sea turtles are present within the extended work area. If the 500 feet is not feasible for the project, an agreed upon distance will be decided on during the preconstruction meeting.

a. Once the beach has been cleared and the necessary nest relocations have been completed, the contractor will be allowed to proceed with the placement of fill during daylight hours until dusk at which time the 500-foot length (or other agreed upon length) limitation shall apply.

b. If any nesting turtles are sighted on the beach within the immediate construction area, activities shall cease immediately until the turtle has returned to the water and the marine turtle permit holder responsible for nest monitoring has relocated the nest.

16. Lighting surveys shall be conducted on all Town beaches prior to March 1 (or May 1 if construction continues through April) of the first nesting season following nourishment and action taken to resolve lights visible from the beach and to ensure all beachfront structures comply with the Town of Palm Beach Lighting Ordinance.

a. A report summarizing all lights visible, using standard survey techniques for such surveys, shall be submitted to FWC by March 15. The report shall document all compliance and enforcement actions taken to resolve observed lights.

b. Additional lighting surveys shall be conducted monthly through August and results reported by the 15th of each month.

c. The Permittee shall submit a summary report of the surveys, including any actions taken, by December 31 of the year in which surveys are conducted.

d. After the annual report is completed, the Permittee shall arrange a meeting with the county or municipality, FWC, Corps, and the Service to discuss the survey report, as well as any documented sea turtle disorientations in or adjacent to the project area.

17. For the years after the first- year sand placement (out- year), compaction monitoring, tilling and escarpment monitoring are not required if placed material no longer remains on the dry beach. Compaction monitoring is not required if the beach is tilled immediately after placement and for three years following sand placement.

18. Compaction Sampling. If required, sand compaction shall be monitored in the area of sand placement immediately after completion of the nourishment event, and two weeks prior to the beginning of marine turtle nesting season, for three (3) subsequent years. The requirement for compaction monitoring may be eliminated if the placed sand is tilled, regardless of post- construction compaction levels. If the average value for any depth exceeds 500 pounds per square inch (psi) for any two or more adjacent stations, then that area shall be tilled prior to the beginning of marine turtle nesting season. If a few values exceeding 500 psi are present randomly within the project area, tilling will not be required. Compaction monitoring shall be in accordance with the following protocol.

a. Compaction sampling stations shall be located at 500-foot intervals along the project area. One station shall be at the seaward edge of the dune/bulkhead line (when material is placed in this area), and one station shall be midway between the dune line and the high-water line (normal wrack line).

b. At each station, the cone penetrometer shall be pushed to depths of 6, 12 and 18 inches three times (i.e., three replicates at each depth). Material may be removed from the hole if necessary, to ensure accurate readings of successive levels of sediment. The penetrometer may need to be reset between pushes, especially if sediment layering exists. Layers of highly compact material may lie over less compact layers. Replicates shall be located as close to each other as possible, without interacting with the previous hole and/or disturbed sediments. The three replicate compaction values for each depth shall be averaged to produce final values for each depth at each station. Reports including all 18 values for each transect line, and the final 6 averaged compaction values, shall be submitted for review by DEP and FWC.

c. If values exceeding 500 psi are distributed throughout the project area, but in no case do those values exist at two adjacent stations at the same depth, then the Permittee shall consult with the FWC to determine if tilling is required. A request for a tilling waiver based on these compaction values shall be submitted to the FWC at MarineTurtle@MyFWC.com.

19. Tilling Requirements. If tilling is performed, the area shall be tilled to a depth of 36 inches. Tilling shall be in accordance with the following protocol.

a. All tilling activity shall be completed prior to the marine turtle nesting season. If the project is completed during the marine turtle nesting season, tilling shall not be performed in areas where nests have been relocated to or left in place.

b. A relatively even surface, with no deep ruts or furrows, shall be created during tilling. To do this, chain-linked fencing or other material shall be dragged over those areas as necessary after tilling. Each pass of the tilling equipment shall be overlapped to allow thorough and even tilling.

c. Tilling shall occur landward of the wrack line and shall avoid all naturally vegetated areas that are at least 3 square feet in size, as well as any planted areas that have been authorized by the Department. A 3-foot-wide No- Tilling Buffer shall be maintained around vegetated areas. The slope between the mean high- water line and the mean low water line shall be maintained to approximate natural slopes.

20. Escarpment Surveys. Visual surveys for escarpments along the project area shall be made immediately after completion of sand placement, within 30 days prior to March 1 and weekly throughout the marine turtle season for three (3) subsequent years each year placed sand remains on the dry beach. Escarpment survey reporting and remediation shall be as follows.

a. Prior to marine turtle nesting season, escarpments that interfere with marine turtle nesting or that exceed 18 inches in height for a distance of at least 100 feet shall be leveled to the natural beach contour or the beach profile shall be reconfigured to minimize scarp formation. Any escarpment removal shall be reported relative to R-monument location to the FWC at MarineTurtle@MyFWC.com with a copy to the JCP Compliance Officer.

mailto:MarineTurtle@MyFWC.com mailto:%20MarineTurtle@MyFWC.com mailto:%20MarineTurtle@MyFWC.com

b. Weekly surveys shall be collated monthly and submitted to marineturtle@myfwc.com by the first day of the following month. If weekly surveys during the marine turtle nesting season document escarpments that exceed 18 inches in height for a distance of at least 100 feet and have persisted for more than two weeks, the FWC shall be contacted at marineturtle@myfwc.com immediately to determine the appropriate action to be taken. The Permittee shall provide locations and measurements of the escarpments to the closest R- monument as well as the coordinates for the location of marine turtle nests located within 20 feet of the escarpments (latitude and longitude in decimal degrees), with photographs when possible.

21. Upon written notification by the DEP and FWC that the escarpment needs to be leveled, the Permittee shall level the escarpment. If nests are located nearby, to minimize impacts to any existing nest the Permittee shall also coordinate with the marine turtle permit holder prior to leveling the escarpments. An annual summary documenting weekly escarpment surveys (including dates, presence and height of escarpments) and any remediation actions taken shall be submitted electronically to the FWC (MarineTurtle@MyFWC.com) by December 31 of each year.

22. If compaction sampling, tilling or escarpment removal occurs during shorebird breeding season, the Shorebird Conditions (including surveys) included in this authorization shall be followed.

a. No heavy equipment shall operate, and no compaction sampling or tilling shall occur within 300 feet of any shorebird nest.

b. If flightless shorebird chicks are present within the work zone or equipment travel corridor, a Bird Monitor shall be present during the operation to ensure that no heavy equipment operates within 300 feet of the flightless young. It is the responsibility of the Permittee to ensure that their contractors avoid tilling, scarp removal or dune vegetation planting in areas where nesting birds are present.

23. If it is determined that escarpment leveling is required during the sea turtle or shorebird nesting or hatching season, the FWC will provide a brief written authorization that describes methods to be used to reduce the likelihood of impacting existing nests, chicks, or fledglings. An annual summary of escarpment surveys and actions taken shall be submitted to FWC.

24. Upon locating a dead or injured marine turtle adult, hatchling, or egg that may have been harmed or destroyed as a result of the project, the Permittee shall be responsible for notifying the marineturtle@myfwc.com. Care shall be taken in handling injured marine turtles or exposed eggs to ensure effective treatment or disposition, and in handling dead specimens to preserve biological materials for later analysis. If a marine turtle nest is excavated during construction activities, but not as part of the authorized nest relocation process outlined in these specific mailto:marineturtle@myfwc.com mailto:marineturtle@myfwc.com conditions, the permitted person responsible for egg relocation for the project shall be notified immediately so the eggs can be moved to a suitable relocation site.

25. The following variables shall be measured within each zone in accordance with the FWC Marine Turtle Management Conservation Guidelines.

a. All nesting emergences shall be counted and classified as to nesting decision

(e.g., nest or non-nesting emergence or false crawl) per species;

b. The location of the nest across the profile (nest site choice) shall be measured (not estimated) relative to the landward and seaward edges of the berm (seawall or dune toe and wrack line) and any scarps in a total of 32 previously selected zones, 16 in the Treatment Zones and 16 in the Reference Zones;

c. Nest inventories shall be conducted for all nests according to the agreed upon sampling design within the 32 zones to document hatch and emergence success, including mortality amounts and sources (disorientation, inundation, wash out or erosion, predation). Nest inventories shall be conducted no sooner than three days after signs of first emergence or 70 days after date laid (80 days for leatherbacks).;

d. The fate of all marked nests shall be documented during daily surveys (overwashed, washed out, disoriented, predated);

e. In the event that nest markers are removed or washed out, all efforts shall be made by the MTPH or the contractor as specified by FWC to replace the markers timely but no later than five days after initial loss.

26. Monitoring of nesting activity in the seasons following construction shall include daily surveys and any additional measures authorized by the FWC in accordance with the Cell-Wide monitoring plan. Electronic summaries of all crawl activity, nesting success rates, hatching success of all relocated nests, hatching success of nests within the monitored zones, dates of construction and names of all personnel involved in nest surveys and relocation activities in accordance with the electronic spreadsheet provided to the Marine Turtle Permit Holder shall be submitted to Marineturtle@myfwc.com . Data should be reported separately for the zones in the nourished areas and the zones surveyed outside the project area in accordance with the attached Table. All reports should submitted by January 15 of the following year.

B. Dune Planting

1. All vegetation planting shall be designed and conducted to minimize impacts to sea turtles. Dune vegetation planting may occur during the sea turtle nesting season under the following conditions.

2. Daily early morning sea turtle nesting surveys (before 9 a.m.) shall be conducted during the period from March1 through November 30. Nesting surveys shall only be conducted by personnel with prior experience and training in nesting surveys.

mailto:Marineturtle@myfwc.com

Surveyors shall have a valid FWC permit. Nesting surveys shall be conducted daily between sunrise and 9 a.m. (all times). No dune planting activity shall occur until after the daily turtle survey and nest conservation and protection efforts have been completed.

3. Any nests deposited in the dune planting area shall be left in place. The turtle permit holder shall install an on-beach marker at the nest site and a secondary marker at a point as far landward as possible to assure that future location of the nest will be possible should the on-beach marker be lost. A series of stakes and highly visible survey ribbon or string shall be installed to establish a 3-foot radius around the nest.

No planting or other activity shall occur within this area nor will any activities be allowed that could result in impacts to the nest. Nest sites shall be inspected daily to assure nest markers remain in place and the nest has not been disturbed by the planting activity;

4. If a nest is disturbed or uncovered during planting activity, the contractor, Applicant, or the Applicant’s contractors shall cease all work and immediately contact the project turtle permit holder. If a nest(s) cannot be safely avoided during planting, all activity within 10 feet of a nest shall be delayed until hatching and emerging success monitoring of the nest is completed;

5. All dune planting activities shall be conducted by hand and only during daylight hours;

6. All dune vegetation shall consist of coastal dune species native to Palm Beach Island. Vegetation shall be planted with an appropriate amount of fertilizer and antidesiccant material for the plant size;

7. No use of heavy equipment shall occur on the dunes or seaward for planting purposes. A lightweight (all-terrain type) vehicle, with tire pressures of 10 psi or less may be used for this purpose; and

8. In the event a sea turtle nest is excavated during construction activities, the project turtle permit holder responsible for egg relocation for the project shall be notified immediately so the eggs can be moved to a suitable relocation site.

9. Upon locating a dead or injured sea turtle adult, hatchling, or egg, that may have been harmed or destroyed as a direct or indirect result of the project, the permittee shall be responsible for notifying FWC Wildlife Alert at 1-888-404-FWCC (3922).

10. Care shall be taken in handling injured sea turtles, or eggs to ensure effective treatment or disposition, and in handling dead specimens to preserve biological materials in the best possible state for later analysis.

C. Fish and Wildlife Protection Conditions for Nesting Seabirds:

1. Nesting Seabird and Shorebird Protection Conditions:

Nesting seabird and shorebird (i.e. shorebird) surveys should be conducted by trained, dedicated individuals (Bird Monitor) with proven shorebird identification skills and avian survey experience. A list of candidate Bird Monitors with their contact information, summary of qualifications including bird identification skills, and avian survey experience shall be provided to the DEP and FWC. This information will be submitted to the FWC Regional Species Biologist at (561) 625- 5122 prior to any construction or hiring for shorebird surveys for revision and consultation. Bird Monitors shall use the following survey protocols:

a. Bird Monitors shall review and become familiar with the general information, employ the data collection protocol, and implement data entry procedures outlined on the FWC’s Florida Shorebird Database (FSD) website (www.FLShorebirdDatabase.org). An outline of data to be collected, including downloadable field data sheets, is available on the website.

b. Breeding season varies by species. Most species have completed the breeding cycle by September 1, but flightless young may be present through September. For Palm Beach County’s beaches, spoil islands & estuaries, nesting season is March 15 – September 1; for coastal beaches, nesting season is April 1- September 1.

Breeding season surveys shall begin on the first day of the breeding season or 10 days prior to project commencement (including surveying activities and other pre-construction presence on the site), whichever is later. Surveys shall be conducted through August 31st or until all breeding activity has concluded, whichever is later.

c. Breeding season surveys shall be conducted in all potential beach-nesting bird habitats within the project boundaries that may be impacted by construction or pre-construction activities. One or more shorebird survey routes shall be established in the FSD website to cover these areas.

d. During the pre-construction and construction phases of the project, surveys for detecting breeding activity and the presence of flightless chicks will be completed on a daily basis prior to movement of equipment, operation of vehicles, or other activities that could potentially disrupt breeding behavior or cause harm to the birds or their eggs or young.

e. Surveys shall be conducted by walking the project area and visually surveying, for the presence of shorebirds exhibiting breeding behavior, shorebird chicks, or shorebird juveniles as outlined in the FSD Breeding Bird Protocol for Shorebirds and Seabirds. Use of binoculars is required.

If an ATV or other vehicle is needed to cover large project areas, operators will adhere to the FWC’s Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/ ). Specifically, the vehicle must be operated at a speed <6 mph and when operating on beaches run at or below the high-tide line. The Bird Monitor will stop at no greater than 200-meter intervals to visually inspect for breeding activity.

http://www.flshorebirddatabase.org/ http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/ http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/

f. Once breeding is confirmed by the presence of a scrape, eggs, or young, the Bird Monitor will notify the FWC Regional Species Biologist at (561) 625- 5122 within 24 hours. All breeding activity will be reported to the FSD website within one week of data collection.

2. Seabird and Shorebird Buffer Zones and Travel Corridor:

Within the project area, the permittee shall establish a disturbance-free buffer zone around any location where shorebirds have been engaged in breeding behavior, including territory defense. A 300 ft-wide buffer is considered adequate based on published studies. However, a smaller, site-specific buffer may be implemented upon approval by the FWC Regional Species Biologist at (561) 625-5122 as needed. All sources of human disturbance (including pedestrians, pets, and vehicles) shall be prohibited in the buffer zone.

a. The Bird Monitor shall keep breeding sites under sufficient surveillance to determine if birds appear agitated or disturbed by construction or other activities in adjacent areas. If birds do appear to be agitated or disturbed by these activities, then the width of the buffer zone shall be increased immediately to sufficient size to protect breeding birds.

b. Reasonable and traditional pedestrian access should not be blocked where breeding birds will tolerate pedestrian traffic. Pedestrian traffic may be tolerated when breeding was initiated within 300 feet of an established pathway. The permittee shall work with the FWC Regional Species Biologist to determine if pedestrian access can be accommodated without compromising nesting success.

c. Designated buffer zones shall be marked with posts, twine, and signs stating “Do Not Enter, Important Nesting Area” or similar language around the perimeter which includes the name and a phone number of the entity responsible for posting. Posts should not exceed 3’in height once installed.

Symbolic fencing (twine, string, or rope) should be placed between all posts (at least 2.5’ above the ground in sea turtle nesting habitat) and rendered clearly visible to pedestrians. If pedestrian pathways are approved by the FWC Regional Species Conservation Biologist within the 300-foot buffer zone, these should be clearly marked. The posting shall be maintained in good repair until breeding is completed or terminated. Although solitary nesters may leave the buffer zone with their chicks, the posted area continues to provide a potential refuge for the family until breeding is complete. Breeding is not considered to be completed until all chicks have fledged.

d. No construction activities, pedestrians, movement of vehicles, or stockpiling of equipment shall be allowed within the buffer area.

e. Travel corridors shall be designated and marked outside the buffer areas so as not to cause disturbance to breeding birds. Heavy equipment, other vehicles, or pedestrians may transit past breeding areas in these corridors.

However, other activities such as stopping or turning shall be prohibited within the designated travel corridors adjacent to the breeding site. When flightless chicks are present within or adjacent to travel corridors, movement of vehicles shall be accompanied by the Bird Monitor who will ensure no chicks are in the path of the moving vehicle and no tracks capable of trapping flightless chicks result.

f. To discourage nesting within the travel corridor, it is recommended that the Permittee maintain some activity within these corridors on a daily basis, without disturbing any nesting shorebirds documented on site or interfering with sea turtle nesting, especially when those corridors are established prior to commencement of construction.

g. Passive methods to modify breeding site suitability in upland placement areas shall be limited to flooding or flagging of potential breeding sites prior to the start of breeding, or by other appropriate measures that have been approved by the FWC Regional Species Biologist. The Bird Monitor shall survey these areas prior to flooding or flagging.

3. Seabird and Shorebird Notification:

If shorebird breeding occurs within the project area, a bulletin board will be placed and maintained in the construction staging area with the location map of the construction site showing the bird breeding areas and a warning, clearly visible, stating that “NESTING BIRDS ARE PROTECTED BY LAW INCLUDING THE

FLORIDA ENDANGERED AND THREATENED SPECIES ACT AND THE

STATE and FEDERAL MIGRATORY BIRD ACTS”.

D. Sediment Quality

1. Sediment quality shall be assessed as outlined in the offshore or upland Sediment QA/QC plan (attached Appendix D-1). Any occurrences of placement of material not in compliance with the Plan shall be handled according to the protocols set forth in the Sediment QA/QC plans. The sediment testing result shall be submitted to FDEP within 90 days following the completion of beach construction.

The Sediment QC/QA plan, adherence to which is required by this permit, includes the following:

a. If during construction, the Permittee or Engineer determines that the beach fill material does not comply with the sediment compliance specifications (Table 3; main BMA agreement), measures shall be taken to avoid further placement of noncompliant fill, and the sediment inspection results shall be reported to the Department.

b. The Permittee shall submit post-construction sediment testing results and an analysis report as outlined in the Sediment QC/QA plan to the

Department within 90 days following beach construction. The sediment testing results shall be certified by a P.E. or P.G. from the testing laboratory.

A summary table of the sediment samples and test results for the sediment compliance parameters as outlined in Table 1 of the Sediment QC/QA plan shall accompany the complete set of laboratory testing results. A statement of how the placed fill material compares to the sediment analysis and volume calculations from the geotechnical investigation shall be included in the sediment testing results report.

c. A post-remediation report containing the site map, sediment analysis, and volume of noncompliant fill material removed and replaced shall be submitted to the Department within 7 days following completion of remediation activities.

E. Physical Monitoring

The annual cell-wide physical monitoring of the beach and offshore topography and bathymetry shall be used for the project-specific monitoring typically conducted in areas not covered by a beach management agreement with the Department. Construction contract-related surveys prior to construction and following completion of construction shall be used in the physical monitoring reporting to the extent practical and desired by the project engineer.

F. Impacts to hardbottom habitats and their associated communities are prohibited.

APPENDIX D-2

Dredging Activities

A. Any activities associated with the US Army Corps of Engineers Maintenance Dredging of Lake Worth Inlet shall abide by all permit conditions and requirements of Permit #

0216012-001-JC.

B. Manatee Conditions: To reduce the risk to manatees from dredging, vessel or barge operation, and construction or demolition of structures in the water:

1. All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with, and injury to, manatees. All construction personnel will be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

2. All vessels associated with the construction project will operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

3. Siltation or turbidity barriers will be made of material, in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

4. All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.

Animals must not be herded away or harassed into leaving.

5. Observers must be on site during all in-water activities and will advise personnel to cease operation upon sighting a manatee within 50 feet of any in-water construction activity. Movement of a work barge or other associated vessels should not be performed after sunset, when the possibility of spotting manatees is negligible.

6. Any collision with or injury to a manatee will be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404- 3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Vero Beach (1-772-562-3909) and to FWC at ImperiledSpecies@myFWC.com by the next business day.

7. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed upon completion of the project.

mailto:ImperiledSpecies@myFWC.com

Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. An example of these signs and where they can be obtained can be found at MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myFWC.com.

C. Marine Turtle and Smalltooth Sawfish Construction Conditions

1. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with marine turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.

3. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.

4. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.

5. If a marine turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a marine turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.

6. Any collision with and/or injury to a marine turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding/rescue organization.

mailto:ImperiledSpecies@myFWC.com

7. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation.

D. Physical Monitoring Conditions

1. Bathymetric surveys of the borrow area(s) shall be conducted within 90 days prior to commencement of construction, and within 60 days following completion of construction of the project concurrently with the beach and offshore surveys required above. A prior design survey of the borrow area may be submitted for the pre-construction survey if site conditions have not changed since the design survey was conducted. Changed site conditions would typically be due to previous use of the borrow area since the design survey was conducted in conjunction with the geotechnical investigation of the site.

2. Survey grid lines across the borrow area(s) shall be spaced to provide sufficient detail for accurate volumetric calculations but spaced not more than a maximum of 500 feet apart, and shall extend a minimum of 500 feet beyond the boundaries of the borrow site. In all other aspects, work activities and deliverables shall be consistent with the BBCS Monitoring Standards for Beach Erosion Control Projects, Section 01200.

E. Projects that Include Hopper or Cutter Head Dredging

1. In the event a hopper dredge is utilized, the following requirements shall be met in addition to the Terms and Conditions of the most recent NMFS Regional Biological Opinion for work in the Atlantic Ocean (2020 South Atlantic (Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States (2020 SARBO) SERO-2019-03111).

a. Protected Species Observer (Observer): Handling of sea turtles captured during hopper dredging projects shall be conducted only by persons with prior experience and training in these activities and who is duly authorized to conduct such activities through a valid permit issued by the Florida Fish and Wildlife Conservation Commission (FWC), pursuant to Florida Administrative Code Rule 68E-1.

b. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator when the dragheads are not firmly on the bottom or the cutterhead is not embedded in the sediment, to prevent impingement or entrainment of sea turtles within the water column.

i. Pumps will be disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting dragheads off the bottom at the completion of dredging. Hopper dredges may utilize a bypass or other system that would allow pumps to remain engaged but result in no suction passing through the draghead. This dredge modification (when employed) is commonly referred to as a turtle bypass valve. This precaution is especially important during the cleanup phase of dredging operations.

ii. Pumping water through the dragheads is not allowed while maneuvering or during travel to/from the disposal or pumpout area.

The dredge operator will ensure the draghead is embedded in sediment when pumps are operational, to the maximum extent practicable.

iii. All waterport or other openings on the hopper dredge are required to be screened to prevent ESA-listed species from entering the dredge.

c. Sea Turtle Deflecting Draghead: A state-of-the-art rigid deflector draghead must be used on all hopper dredges at all times of the year.

d. Screening: In the event screening is used on the draghead or the outflow, the FWC-authorized observer shall inspect the draghead screens after every load to verify that no listed species are impinged on the screening.

e. Bed Leveling: Bed-levelers will be of a design that produces a sand wave in front of the leading face of the bed-leveling device such that it disturbs sea turtles off the sea/channel floor bottom.

i. All support structures must be welded to prevent impingement or

“pinch points” for passing ESA-listed species.

ii. The bed‐leveler will be slowly lowered to the sea/channel bottom and the depth of the bed-leveler adjusted constantly to meet required depth and to compensate for tidal fluctuations.

iii. The bed‐leveler will be towed/pushed along the bottom no faster than needed to move the material at the sea/channel bottom (approximately 1‐2 knots).

f. The Sea Turtle Stranding and Salvage Network (STSSN) shall be notified at SeaTurtleStranding@MyFWC.com of the start-up and completion of hopper dredging operations.

g. Relocation trawling may be implemented at any time during dredging but shall be undertaken at all projects where any of the following two conditions are met; however, other ongoing projects not meeting these conditions are not required to conduct relocation trawling:

(1) Two or more turtles are taken in a 24-hour period in the project.

(2) Four or more turtles are taken in the project.

The permittee shall e-mail weekly reports to the Imperiled Species Management section at mtp@myfwc.com Friday each week that relocation trawling is conducted in Florida water. These reports shall include: the species and number of turtles captured in Florida waters, general health, and release information. A summary of all turtles captured in Florida waters, including all measurements, the latitude and longitude (in decimal degrees) mailto:mtp@myfwc.com of captures and tow start-stop points, and times for the start-stop points of the tows, including those tows on which no turtles are captured shall be submitted to the ISM by January 15 of the following year.

APPENDIX D-3

Projects that Include Construction of New Groins

In accordance with Section 161.041(5), F.S., no construction that could result in take of threatened and marine turtles shall begin until the federal incidental take authorization is issued in accordance with the federal Endangered Species Act. In the event that additional or different requirements from the permit conditions are specified in the U.S. Fish and Wildlife Service (FWS) Incidental Take Authorization and Biological Opinion, additional marine turtle protection conditions will be required and incorporated into the BMA specific conditions. No relocation of marine turtle nests shall occur unless specifically authorized by the Florida Fish & Wildlife Conservation Commission (FWC) in a permit issued pursuant to Florida Statute 379.2431(1) and Florida Administrative Code Rule 68E-1.

APPENDIX D-4

Projects that Include Groin or Jetty Repair or Replacement

A. Marine Turtle Nesting

1. Groin or jetty repair or replacement projects shall be started after October 31 and be completed before May 1.

2. For groin or jetty repair or replacement projects conducted during the early (March 1 through April 30) and/or late (November 1 through November 30) sea turtle nesting season:

a. A barrier (e.g., hay bales, silt screens) sufficient to prevent adult and hatchling sea turtles from accessing the project site shall be installed in a 100-foot buffer around the perimeter of the project site. The barrier shall be placed parallel to shore, at mean high water (MHW), as close to the groin or jetty as feasible, particularly during the period from sunset to sunrise.

b. On-beach access to the construction site shall be restricted to the wet sand below MHW to the maximum extent possible. Travel corridors on the beach to the MHWL shall be delineated.