Attachment_15_-_Appendix_C-Procedure_for_Environmental_Protection_2026-10-27_0004.pdf

PROCEDURE FOR ENVIRONMENTAL PROTECTION

For contract work, the Contractor shall comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected at least during the entire period of this contract. The Contractor shall confine their activities to areas defined by the drawings and specifications. Environmental protection requirements shall be implemented as described in the following subparagraphs.

1. General Project Environmental Design and Installation Criteria

a. In order to minimize interaction with aquatic species and reduce sound propagation through the water, nearshore/shoreline activities including sheet pile installation, construction of riprap scour protection, and spartina plantings shall only be conducted during low tide conditions when the substrate is fully exposed.

b. Work shall only be conducted during daylight hours.

c. Installation of synthetic main sheet piles (PVC or FRP) wall by Impact hammer are limited to a maximum of 10 piles per day. There is no daily limit for installing synthetic sheet piles (PVC or FRP) wall by vibratory hammer.

d. All work should be conducted in accordance with all the applicable General conditions and In-water Noise from Pile and Sheet Pile Installation outlined in Enclosure 4. Specifically: AP1, AP2, AP6, AP7, AP8, AP9, AP11 (General PDCs) and A1; A2, and B (Pile Installation PDCs).

e. All construction personnel are responsible for observing water-related activities to detect the presence of these species and avoid them.

2. Permits and Authorizations

a. In addition to the procedures outlined in this appendix, the contractor shall comply with all terms and provisions of the Government Furnished Permits outlined in Division 1 Specification 01 31 00 PROJECT MANAGEMENT AND COORDINATION, Paragraph 1.9 B.

b. If compliance with the procedures in Appendix C conflicts with any terms or conditions of the Government Furnished Permits, the Contractor shall refer the provisions to the Contracting Officer for direction before proceeding.

3. Wetland Protection Measures

a. The Contractor shall identify and avoid wetlands within the project area and adjacent to the project area as shown on the contract drawings, permit plans, and environmental compliance documents. The Contactor shall instruct all personnel associated with the project of the presence of wetlands if the wetlands are located within 1,000 feet of staging areas, access roads or any other areas used during construction activities.

b. There shall be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized.

c. All construction personnel shall be advised that there are civil and criminal penalties for harming or destroying wetlands beyond actions specifically identified, anticipated, and authorized in these specifications and associated permit plans and environmental documents.

d. The Contractor shall not disturb wetlands beyond those specifically identified, anticipated, and authorized in these specifications and/or permit drawings. If such activities cannot be done without affecting sensitive areas outside the construction area, the activities shall cease, and the contracting officer shall be immediately notified (no later than the morning following the working day if the incident occurs after normal working hours). Any actual incident involving damage to, or disturbance of, wetlands shall be reported.

4. Protection of Fish and Wildlife Resources

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife.

Species that require specific attention along with measures for their protection shall be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operation.

In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease all work and notify the Contracting Officer.

a. Marine Mammal Protection

The Contractor shall instruct all personnel associated with the project of the potential presence of marine mammals including manatees and dolphins in the area, and the need to avoid collisions with and harming these animals.

i. All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees or dolphins which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and/or the Florida Manatee Sanctuary Act. The

Contractor shall be held responsible for any manatee or dolphins harmed, harassed, or killed as a result of construction activities.

ii. The contractor shall comply with the terms and conditions of the 2011 Standard Manatee Conditions for In-Water Work. [Enclosure 1]

iii. All on-site project personnel are responsible for observing water-related activities for the presence of marine mammals including manatees and dolphins. All construction activities should cease if a marine mammal comes within 50 feet of the operation. Activities will not resume until the marine mammals 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.

b. Endangered Species Protection

The contractor shall instruct all personnel associated with the project of the potential presence and the need to avoid harming State and Federal threatened/ endangered species including: swimming sea turtles, smalltooth sawfish, shortnose sturgeon, Atlantic sturgeon, gopher tortoises, eastern indigo snakes, red knots in the project area.

i. The Contractor shall be held responsible and liable for any of the above-mentioned animals that are harmed, harassed, or killed as a result of construction activities.

ii. In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease all work and notify the Contracting Officer.

iii. Prior to onset of construction activities, the contractor shall conduct a meeting with all construction staff to discuss identification the aforementioned species, their protected status, what to do if each species is observed in the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated.

iv. All construction activities should cease if any of the aforementioned species comes within 50 feet of the operation, unless otherwise specified by permit conditions, agency conservation measures, or species-specific distances below.

v. Animals must not be herded away or harassed into leaving.

In addition to the above measures, the contractor shall also comply with the following species-specific conservation measures.

c. Sea Turtles and Smalltooth Sawfish

Four species of sea turtles (Green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), Loggerhead (Caretta caretta), and Leatherback (Dermochelys coriacea)) and one species of sawfish (smalltooth sawfish (Pristis pectinata)) may be present in waters of the Fort George River along the project area. In order to minimize the potential risk to sea turtles and saw fish the contractor shall comply with the terms and conditions of the National Marines Fisheries Service (NMFS)’s Sea Turtle and Smalltooth Sawfish Construction Conditions. (Enclosure 2).

d. Tricolored Bat (Perimyotis subflavus)

Suitable roosting trees including Spanish moss on live deciduous trees and a riparian corridor were observed during a fall 2025 field review. It is estimated that three mature red cedar (Juniperus virginiana) will be removed to provide space for the access road.

Two of these red cedar trees were observed to be unhealthy during the December 2025 field review.

i. BMPs for the tricolored bat include no tree trimming or cutting within pup season, May 1 through July 15.

ii. As a precaution and means to minimize potential adverse effects to the tricolored bat, the contractor shall avoid removing or trimming any suitable roost trees from May 1 through July 15.

e. Red Knot (Calidris canutu)

Red knots are a small coastal bird known to forage along intertidal shorelines. Red knots may be present along the project intertidal areas while migrating through the project area in April-May and September-December. To reduce the potential impact on Red Knots, the contractor shall comply with the following:

i. Maintain a distance of at least 500 feet from any roosting, flocking, or foraging, shorebirds.

ii. All construction activities should cease if any Red knots are observed within 50 feet of the operation and the contractor shall notify the Contracting Officer.

f. Gopher Tortoise (Gopherus polyphemus)

A gopher tortoise burrow survey was conducted by NPS in December of 2025. Six gopher tortoise burrows were identified in the proposed construction area. Gopher tortoises are protected under Florida State law.

i. The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to gopher tortoises and their burrows.

ii. All construction personnel shall be advised that gopher tortoises are listed by the State of Florida as a Species of Special Concern and protected by the FAC, Chapter 39-27.002(4).

iii. The Contractor may be held responsible for taking, harming, or harassing the tortoises, their eggs or their burrows as a result of the construction.

iv. The destruction of gopher tortoises burrows constitutes taking under this law except as authorized by specific permit.

v. In order to meet these responsibilities, the Contractor shall conduct gopher tortoise surveys prior to the beginning of construction activities. The surveys shall be conducted by a qualified gopher tortoise biologist. A list of qualified individuals may be obtained from Florida Fish and Wildlife Conservation Commission.

vi. The Contractor shall stay at least 25 feet from entrances of individual burrows.

vii. Pursuant to the requirements of Rules 68-25.002 and 68-27.002 of the Wildlife Code of the State of Florida (Title 68A, FAC), a 10 or Fewer Burrows Permit must be secured if any work will occur within 25 feet of the entrance to an individual burrow.

g. Eastern Indigo Snake (Drymarchon couperi)

At least six Gopher Tortoise burrows have been mapped within the project construction area. The Eastern Indigo Snake (Drymarchon couperi) is known to use Gopher Tortoise burrows. The upland areas of the project site also contains conditions suitable for the eastern indigo. Therefore, the contractor shall comply with all of U.S. Fish and Wildlife Service's “Standard Protection Measures for the Eastern Indigo Snake” dated May 2024 (Enclosure 3). Consistent with the standard protection measures, all work shall stop if an eastern indigo is seen in/adjacent to project area.

ENCLOSURE 1

2011 Standard Manatee Conditions for In-Water Work

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel 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.

b. All vessels associated with the construction project shall 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.

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

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). 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.

e. Any collision with or injury to a manatee shall 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 Jacksonville (1-904-731-3336) for north Florida or in Vero Beach (1-772-562-3909) for south Florida, and emailed to FWC at ImperiledSpecies@myFWC.com.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. 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 8½ " by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at http://www.myfwc.com/WILDLIFEHABITATS/manatee_sign_vendors.htm. Questions concerning these signs can be forwarded to the email address listed above.

ENCLOSURE 2

Sea Turtle and Smalltooth Sawfish Construction Conditions

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701

SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS

The permittee shall comply with the following protected species construction conditions:

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

b. 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.

c. 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.

d. 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.

e. If a sea 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 sea 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.

f. Any collision with and/or injury to a sea 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.

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

Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc

ENCLOSURE 3

Standard Protection Measures for the Eastern Indigo Snake

May 2024

STANDARD PROTECTION MEASURES FOR THE

EASTERN INDIGO SNAKE

U.S. Fish and Wildlife Service May 2024

The Standard Protection Measures for the Eastern Indigo Snake (Plan) below has been developed by the U.S. Fish and Wildlife Service (USFWS) in Florida and Georgia for use by project proponents and their construction personnel help minimize adverse impacts to eastern indigo snakes. However, implementation of this Plan does not replace any state of federal consultation or regulatory requirements. At least 30 days prior to any land disturbance activities, the project proponent shall notify the appropriate USFWS Field Office (see Field Office contact information) via e-mail that the Plan will be implemented as described below.

As long as the signatory of the e-mail certifies compliance with the below Plan (including use of the approved poster and pamphlet (USFWS Eastern Indigo Snake Conservation webpage), no further written confirmation or approval from the USFWS is needed regarding use of this Plan as a component of the project.

If the project proponent decides to use an eastern indigo snake protection/education plan other than the approved Plan below, written confirmation or approval from the USFWS that the plan is adequate must be obtained. The project proponent shall submit their unique plan for review and approval. The USFWS will respond via e-mail, typically within 30 days of receiving the plan, either concurring that the plan is adequate or requesting additional information. A concurrence e-mail from the appropriate USFWS Field Office will fulfill approval requirements.

STANDARD PROTECTION MEASURES

BEFORE AND DURING CONSTRUCTION ACTIVITIES:

• All Project personnel shall be notified about the potential presence and appearance of the federally protected eastern indigo snake (Drymarchon couperi).

• All personnel shall be advised that there are civil and criminal penalties for harassing, harming, pursuing, hunting, shooting, wounding, killing, capturing, or collecting the species, in knowing violation of the Endangered Species Act of 1973.

• The project proponent or designated agent will post educational posters in the construction office and throughout the construction site. The posters must be clearly visible to all construction staff and shall be posted in a conspicuous location in the https://www.fws.gov/story/eastern-indigo-snake-conservation

Project field office until such time that Project construction has been completed and time charges have stopped.

• Prior to the onset of construction activities, the project proponent or designated agent will conduct a meeting with all construction staff (annually for multi-year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational pamphlet including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to make available in the onsite construction office. Photos of eastern indigo snakes may be accessed on USFWS, Florida Fish and Wildlife Conservation Commission and/or Georgia Department of Natural Resources websites.

• Each day, prior to the commencement of maintenance or construction activities, the Contractor shall perform a thorough inspection for the species of all worksite equipment.

• If an eastern indigo snake (alive, dead or skin shed) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Office. The contact information for the USFWS is provided below and on the referenced posters and pamphlets.

• During initial site clearing activities, an onsite observer is recommended to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example: discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows).

• Periodically during construction activities, the project area should be visited to observe the condition of the posters and Plan materials and replace them as needed.

Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen.

• For erosion control use biodegradable, 100% natural fiber, net-free rolled erosion control blankets to avoid wildlife entanglement.

POST CONSTRUCTION ACTIVITIES:

Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion (See USFWS Field Office Contact Information).

USFWS FIELD OFFICE CONTACT INFORMATION

Georgia Field Office: Phone: (706) 613-9493, email: gaes_assistance@fws.gov Florida Field Office: Phone: (352) 448-9151, email: fw4flesregs@fws.gov

POSTER & PAMPHLET INFORMATION

Posters with the following information shall be placed at strategic locations on the construction site and along any proposed access roads (final posters for Plan compliance are available on our website in English and Spanish and should be printed on 11 x 17in or larger paper and laminated (USFWS Eastern Indigo Snake Conservation webpage).

Pamphlets are also available on our webpage and should be printed on 8.5 x 11in paper and folded, and available and distributed to staff working on the site.

POSTER CONTENT (ENGLISH):

ATTENTION

Federally-Threatened Eastern Indigo Snakes may be present on this site!

Killing, harming, or harassing eastern indigo snakes is strictly prohibited and punishable under State and Federal Law.

IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE:

• Stop land disturbing activities and allow the snake time to move away from the site without interference. Do NOT attempt to touch or handle the snake.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Immediately notify supervisor/agent, and a U.S. Fish and Wildlife Service (USFWS) Ecological Services Field Office, with the location information and condition of the snake.

• If the snake is located near clearing or construction activities that will cause harm to the snake, the activities must pause until a representative of the USFWS returns the call (within one day) with further guidance.

IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE:

• Stop land disturbing activities and immediately notify supervisor/applicant, and a USFWS Ecological Services Field Office, with the location information and condition of the snake.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake.

DESCRIPTION: The eastern indigo snake is one of the largest non-venomous snakes in North America, reaching up to 8 ft long. Named for the glossy, blue-black scales above and slate blue below, they often have orange to reddish color (cream color in some cases) in the throat area. They are not typically aggressive.

SIMILAR SPECIES: The black racer resembles the eastern indigo snake. However, black racers have a white or cream chin, and thinner bodies.

LIFE HISTORY: Eastern indigo snakes live in a variety of terrestrial habitat types.

Although they prefer uplands, they also use wetlands and agricultural areas. They will shelter inside gopher tortoise burrows, other animal burrows, stumps, roots, and debris piles. Females may lay from 4 to 12 white eggs as early as April through June, with young hatching in late July through October.

PROTECTED STATUS: The eastern indigo snake is protected by the USFWS, Florida Fish and Wildlife Conservation Commission, and Georgia Department of Natural Resources. Any attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage eastern indigo snakes is prohibited by the U.S. Endangered Species Act. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses. Only authorized individuals with a permit (or an Incidental Take Statement associated with a USFWS Biological Opinion) may handle an eastern indigo snake.

Please contact your nearest USFWS Ecological Services Field Office if a live or dead eastern indigo snake is encountered:

Florida Office: (352) 448-9151

Georgia Office: (706) 613-9493

POSTER CONTENT (SPANISH):

ATENCIÓN

¡Especie amenazada, la culebra Índigo del Este, puede ocupar el área!

Matar, herir o hostigar culebras Índigo del Este es estrictamente prohibido bajo la Ley Federal.

SI VES UNA CULEBRA ÍNDIGO DEL ESTE O UNA CULEBRA NEGRA VIVA EN

EL ÁREA:

• Pare excavación y permite el movimiento de la culebra fuera del área sin interferir. NO atentes tocar o recoger la culebra.

• Fotografié la culebra si es posible para identificación y documentación.

• Notifique supervisor/agente, y la Oficina de Campo de Servicios Ecológicos del Servicio Federal de Pesca y Vida Silvestre (USFWS) apropiada con información acerca del sitio y condición de la culebra.

• Si la culebra está cerca de un área de construcción que le pueda causar daño, las actividades deben parar hasta un representante del USFWS regrese la llamada (dentro de un día) con más orientación.

SI VES UNA CULEBRA ÍNDIGO DEL ESTE MUERTA EN EL ÁREA:

• Pare excavación. Notifique supervisor/aplicante, y la Oficina de Campo de Servicios Ecológicos apropiada con información acerca del sitio y condición de la culebra.

• Fotografié la culebra si es posible para identificación y documentación.

• Emerge completamente la culebra en agua y congele la especie hasta que personal apropiado de la agencia de vida silvestre la recoja.

DESCRIPCIÓN. La culebra Índigo del Este es una de las serpientes sin veneno más grande en Norte América, alcanzando hasta 8 pies de largo. Su nombre proviene del color azul-negro brilloso de sus escamas, pero pueden tener un color anaranjado-rojizo (color crema en algunos casos) en su mandíbula inferior. No tienden a ser agresivas.

SERPIENTES PARECIDAS. La corredora negra, que es de color negro sólido, es la única otra serpiente que se asemeja a la Índigo del Este. La corredora negra se diferencia por una mandíbula inferior color blanca o crema y un cuerpo más delgado.

HÁBITATS Y ECOLOGÍA. La culebra Índigo del Este vive en una variedad de hábitats, incluyendo tierras secas, humedales, y áreas de agricultura. Ellas buscan refugio en agujeros o huecos de tierra, en especial madrigueras de tortugas de tierra. Las hembras ponen 4 hasta 12 huevos blancos entre abril y junio, y la cría emergen entre julio y octubre.

PROTECCIÓN LEGAL. La culebra Índigo del Este es clasificada como especie amenazada por el USFWS, la Comisión de Conservación de Pesca y Vida Silvestre de Florida y el Departamento de Recursos Naturales de Georgia. Intento de matar, hostigar, herir, lastimar, perseguir, cazar, disparar, capturar, colectar o conducta parecida hacia las culebras Índigo del Este es prohibido por la Ley Federal de Especies en Peligro de Extinción. Penalidades incluyen un máximo de $25,000 por violaciones civiles y $50,000 y/o encarcelamiento por actos criminales. Solos individuales autorizados con un permiso o Determinación de toma incidental (Incidental Take Statement) asociado con una Opinión Biológico del USFWS pueden recoger una Índigo del Este.

Por favor de contactar tu Oficina de Campo de Servicios Ecológicos más cercana si encuentras una culebra Índigo del Este viva o muerta:

Oficina de Florida: (352) 448-9151

Oficina de Georgia: (706) 613-9493

ATTENTION

Federally-Threatened Eastern Indigo Snakes may be present on this site!

Killing, harming, or harassing eastern indigo snakes is strictly prohibited and punishable under

State and Federal Law.

If you see a LIVE eastern indigo snake on the site:

• Stop land disturbing activities and allow the snake time to move away from the site without interference. Do NOT attempt to touch or handle the snake.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Immediately notify supervisor/agent, and a U.S. Fish and Wildlife Service (USFWS) Ecological

Services Field Office, with the location information and condition of the snake.

• If the snake is located near clearing or construction activities that will cause harm to the snake, the activities must pause until a representative of the USFWS returns the call (within one day) with further guidance.

If you see a DEAD eastern indigo snake on the site:

• Stop land disturbing activities and immediately notify supervisor/applicant, and a USFWS Ecological Services Field Office, with the location information and condition of the snake.

• Take photographs of the snake, if possible, for identification and documentation purposes.

• Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake.

DESCRIPTION. The eastern indigo snake is one of the largest non-venomous snakes in North America, reaching up to 8 ft long. Named for the glossy, blue-black scales above and slate blue below, they often have orange to reddish color (cream color in some cases) in the throat area. They are not typically aggressive.

SIMILAR SPECIES. The black racer resembles the eastern indigo snake. However, black racers have a white or cream chin, and thinner bodies.

LIFE HISTORY. Eastern indigo snakes live in a variety of terrestrial habitat types. Although they prefer uplands, they also use wetlands and agricultural areas. They will shelter inside gopher tortoise burrows, other animal burrows, stumps, roots, and debris piles. Females may lay from 4 to 12 white eggs as early as April through June, with young hatching in late July through October.

PROTECTED STATUS. The eastern indigo snake is protected by the USFWS, Florida Fish and Wildlife Conservation Commission, and Georgia Department of Natural Resources.

Any attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage eastern indigo snakes is prohibited by the U.S. Endangered Species Act. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses. Only authorized individuals with a permit (or an Incidental Take Statement associated with a USFWS Biological Opinion) may handle an eastern indigo snake.

Please contact your nearest USFWS Ecological Services Field Office if a live or dead eastern indigo snake is encountered:

Florida Office: (352) 448-9151 Georgia Office: (706) 613-9493

Gopher tortoise and burrow. Credit: James Hunt

Eastern indigo snake. Credit: Dirk Stevenson

Credit: Dirk Stevenson

ATENCIÓN

¡Especie amenazada, la culebra Índigo del Este, puede ocupar el área!

Matar, herir o hostigar culebras Índigo del Este es estrictamente prohibido bajo la Ley Federal.

Si ves una culebra Índigo del Este VIVA en el área:

• Pare excavación y permite el movimiento de la culebra fuera del área sin interferir. NO atentes tocar o recoger la culebra.

• Fotografié la culebra si es posible para identificación y documentación.

• Notifique supervisor/agente, y la Oficina de Campo de Servicios Ecológicos del Servicio Federal de

Pesca y Vida Silvestre (USFWS) apropiada con información acerca del sitio y condición de la culebra.

• Si la culebra está cerca de un área de construcción que le pueda causar daño, las actividades deben parar hasta un representante del USFWS regrese la llamada (dentro de un día) con más orientación.

Si ves una culebra Índigo del Este MUERTA en el área:

• Pare excavación. Notifique supervisor/aplicante, y la Oficina de Campo de Servicios Ecológicos apropiada con información acerca del sitio y condición de la culebra.

• Fotografié la culebra si es posible para identificación y documentación.

• Emerge completamente la culebra en agua y congele la especie hasta que personal apropiado de la agencia de vida silvestre la recoja.

DESCRIPCIÓN. La culebra Índigo del Este es una de las serpientes sin veneno más grande en Norte América, alcanzando hasta 8 pies de largo. Su nombre proviene del color azul-negro brilloso de sus escamas, pero pueden tener un color anaranjado-rojizo (color crema en algunos casos) en su mandíbula inferior. No tienden a ser agresivas.

SERPIENTES PARECIDAS. La corredora negra, que es de color negro sólido, es la única otra serpiente que se asemeja a la Índigo del Este. La corredora negra se diferencia por una mandíbula inferior color blanca o crema y un cuerpo más delgado.

HÁBITATS Y ECOLOGÍA. La culebra Índigo del Este vive en una variedad de hábitats, incluyendo tierras secas, humedales, y áreas de agricultura. Ellas buscan refugio en agujeros o huecos de tierra, en especial madrigueras de tortugas de tierra. Las hembras ponen 4 hasta 12 huevos blancos entre abril y junio, y la cría emergen entre julio y octubre.

PROTECCIÓN LEGAL. La culebra Índigo del Este es clasificada como especie amenazada por el USFWS, la Comisión de Conservación de Pesca y Vida Silvestre de Florida y el Departamento de Recursos Naturales de Georgia. Intento de matar, hostigar, herir, lastimar, perseguir, cazar, disparar, capturar, colectar o conducta parecida hacia las culebras Índigo del Este es prohibido por la Ley Federal de Especies en Peligro de Extinción. Penalidades incluyen un máximo de $25,000 por violaciones civiles y $50,000 y/o encarcelamiento por actos criminales. Solos individuales autorizados con un permiso o Determinación de toma incidental (Incidental Take Statement) asociado con una Opinión Biológico del USFWS pueden recoger una Índigo del Este.

Por favor de contactar tu Oficina de Campo de Servicios Ecológicos más cercana si encuentras una culebra Índigo del Este viva o muerta:

Oficina de Florida: (352) 448-9151 Oficina de Georgia: (706) 613-9493

Una culebra Índigo del Este. Foto: Dirk Stevenson

Tortuga de tierra y madriguera. Foto: James Hunt

Foto: Dirk Stevenson

ENCLOSURE 4

JAXBO Project Design Criteria

General PDCs Applicable to All Projects:

AP.1. The applicant must agree to adhere to PDCs for In-Water Activities (provided below).

AP.2. All projects involving the installation of piles or sheet piles shall follow the PDCs for In- Water Noise from Pile and Sheet Pile Installation (Section 2.2). This Opinion does not cover projects that use seismic surveys, low frequency sonar, explosions, and seismic air guns.

AP.3. All projects proposed in or near areas with mangroves, seagrasses, corals, or hard bottom habitat must refer to PDCs for Mangroves, Seagrasses, Corals, and Hard Bottom for All Projects (provided below) to determine whether the project is covered under the Opinion and, if it is covered, to ensure it is sited, designated, and implemented following all of the PDCs in that section.

AP.4. For every project, the USACE must determine if the project is located within:

• Smalltooth sawfish critical habitat limited exclusion zones (Section 2.1.1.1)

• Gulf sturgeon critical habitat migratory restriction zones (Section 2.1.1.2)

• Atlantic sturgeon critical habitat exclusion zone (St. Marys River) (Section 2.1.1.3)

• North Atlantic right whale educational sign zones (Section 2.1.1.4)

• U.S. Caribbean sea turtle critical habitat restriction zones (Section 2.1.1.5)

• Bryde’s whale exclusion zone (Section 2.1.1.6) Where the activity is excluded from the Opinion within a particular zone, the application must be processed under a separate consultation. Where additional restrictions apply to activities within that zone, the USACE or other authorizing entity must ensure that the project meets the requirements for that zone.

AP.5. This Opinion only covers new construction (i.e., installation, repair, replacement) and does not apply to after-the-fact consultations or enforcement actions handled by the

USACE.

AP.6. All activities must be completed during daylight hours.

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PDCs for In-Water Activities

For an activity to be covered under this Opinion, the USACE authorization must include the following conditions. Failure to comply with these conditions could result in enforcement action by the USACE and/or NMFS.

AP.7. Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species.

All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at:

http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.ht ml

AP.8. Reporting of interactions with protected species:

a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. .

b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com

c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov

d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-877-

WHALE HELP (1-877-942-5343).

e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16.

AP.9. Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures:

Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area.

ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible.

iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition.

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iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible.

b) All Vessels:

i) Sea turtles: Maintain a minimum distance of 150 ft.

ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).

iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike

Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/).

iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners.

v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft.

vi) When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area.

vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits.

AP.10. Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications:

a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters.

b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions.

c) Position turbidity barriers in a way that does not block species’ entry to or exit from designated critical habitat.

d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions.

e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida):

• Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters.

• The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cable line). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion.

AP.11.Entanglement: All turbidity curtains and other in-water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species.

a) In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water.

b) Turbidity curtains and other in-water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area.

PDCs for Mangroves, Seagrasses, Corals and Hard Bottom for All Projects

Note: For projects authorized in reliance on this Opinion only, the PDCs below supercede any other guidance documents otherwise applicable to reduce or avoid impacts to mangroves, seagrasses, and corals. This includes the NMFS’s Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation, Marsh, or Mangrove Habitat dated August 2001, and NMFS’s Key for Construction Conditions for Docks or Other Minor Structures Constructed in or over Johnson’s Seagrass (Halophila johnsonii), dated October 2002. NMFS may still apply these guidance documents in other consultations, including consultations on Essential Fish Habitat under the Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.

AP.12. Mangroves

• To qualify for coverage under this Opinion, all projects must be sited and designed to avoid or minimize impacts to mangroves.

• Mangrove removal must be conductedin a manner that avoids any unnecessary removal and is limited to the following instances:

o Removal to install up to a 4-ft-wide walkway for a dock.

o Removal to install up to an 8-ft-wide walkway for public docks, where the walkway is necessary to address compliance with the Americans with Disability Act (ADA).

o Removal to install culverts necessary to improve water quality or restore hydrology between 2 water bodies. Such mangrove removal is limited to a maximum of 20 linear feet (lin ft) of shoreline per culvert opening.

o Removal of mangroves above mean high water (MHW) provided that the tree does not have any prop roots that extend into the water below the MHWL.

PDCs for In-Water Noise from Pile and Sheet Pile Installation

Open Water The letters A-E in the tables below specify the PDC category. Activities labeled A-D must follow the corresponding PDCs for labeled Category A-D below. Activities labeled E are excluded from this Opinion, as stated in Category E below.

Trench and fill

Pilot hole (auger or drop punch) Jetting Vibratory Impact hammer Wood piles 14-inch (in) diameter or less when installed via impact hammer and 36-in or less for all other installation methods

A A A A B

Concrete pile 24-in diameter/width or less in open water A A A A B

Metal pipe pile 36-in diameter or less A A A A E

2 metal boatlift I-beams A A A A B Concrete slab wall- any size A A A A B Vinyl sheet pile- any size A A A A B Metal sheet pile- any size A A A A E

Confined Space In Florida, we consider the confined space to be any area that has a solid object (e.g., shorelines or seawalls) within 150 ft of the pile installation site and in the U.S. Caribbean we consider confined space to be any area that has a solid object within 260 ft of the pile installation site.

Trench and fill

Pilot hole (auger or drop punch) Jetting Vibratory Impact hammer Wood pile 14-in diameter or less when installed via impact hammer and 36-in or less for all other installation methods

A A A A B

Concrete pile 24-in diameter/width or less (5 piles or less installed/day) A A A A C

Concrete pile 24-in diameter/width or less (6-10 piles installed/day) A A A A D

Metal pipe pile 36-in diameter or less A A A A E

2 metal boatlift I-beams A A A A B Vinyl sheet pile – any size A A A A B Concrete slab wall- any size (5 slabs or less installed/day) A A A A C

Concrete slab wall- any size (6-10 slabs installed/day) A A A A D

Metal sheet pile- any size A A A A E

A. The Projects identified as A above must comply with PDCs identified for all projects in this Opinion. Specific PDCs related to noise include:

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1. All work must occur during daylight hours only (PDC AP.6).

2. All construction personnel are responsible for observing water-related activities to detect the presence of these species and avoid them (PDC AP.7).

B. The projects identified as B above must follow all of the conditions under A, above, AND also must limit the maximum number of piles installed per day to no more than 10 piles per day.

C. The projects identified as C above must follow all of the conditions under A, above, AND also must limit the maximum number of piles installed per day to no more than 5 piles per day.

D. The projects identified as D above must follow all of the conditions under A and B, above, AND also must abide by one of the noise abatement measures below, as chosen by the applicant:

1. Bubble curtain: The bubble curtain design must adhere to the guidelines for unconfined and confined bubble curtains described in Appendix B.

2. Temporary noise attenuation pile (TNAP) also known as a pile isolation casing: The TNAP design must be constructed of a double-walled tubular casing (a casing within a larger casing), with at least a 5-in-wide area between the casings that is dewatered to create a hollow space or 5-in wide area between the casings completely filled with closed-cell foam or other noise dampening material between the walls. The TNAP must be long enough to be seated firmly on the sea bottom, fit over the pile being driven, and extend at least 3 ft above the surface of the water.

3. The use of any other alternative noise control method must receive prior approval by NMFS and the USACE, as described in Section 2.3.

E. The projects identified as E are not covered under this Opinion.

Noise created by construction activities can physically injure or change animal behavior in the affected areas. Thus, we will evaluate 2 general categories of effects to listed species as a result of noise: physically injurious effects and behavioral effects.