1614696spc19of19_APP-G.pdf

APPENDIX - G

MMPA VISUAL OBSERVATION AND

HYDROACOUSTIC MONITORING PLAN

FY21 MCON PROJECT P-095

REPLACE SUBMARINE PIER 3

NAVAL STATION NORFOLK, NORFOLK, VA

eProjects Work Order No. 1614696 A-E Contract No. N40085-18-D-1100

Delivery Order N40085-19-F-4195

MMPA Permit Visual and Hydroacoustic Monitoring Plan For the

Pier 3 Demolition and Reconstruction

At Naval Station Norfolk

Norfolk, Virginia

September 2021

Note: Because of ongoing consultations with NMFS, some of the information contained within this plan is subject to when the final permit is issued. Information subject to change shall be in red.

Table of Contents

Chapter 1. Introduction

1.1 Purpose of the Marine Mammal and Acoustic Monitoring Plan

1.2 Summary of Activities to be Monitored for Marine Mammals

1.3 Mitigation Measures

Chapter 2. Monitoring Zones

2.1 Level A and Level B Harassment Monitoring Shutdown Zones

2.2 Observer Monitoring Locations

Chapter 3. Visual Monitoring Protocols

3.1 Protected Species Observer Qualifications

3.2 Visual Monitoring

3.2.1 Equipment

3.3 Visual Monitoring Methods

3.3.1 Visual Survey Protocols

3.3.1.1 Pre-Activity Monitoring

3.3.1.2 During-Activity monitoring

3.3.1.3 Post-Activity Monitoring

3.4 Data Collection

Chapter 4. Hydroacoustic Monitoring Plan

4.1 Objectives

4.2 Survey Locations

4.3 Temporal Considerations

4.4 Monitoring Equipment Proposed for Use

4.5 Data Processing

Chapter 5. Interagency Notification for Injured or Dead Marine Mammals

Chapter 6. Reporting

6.1 Annual Reports

6.2 Final Report

List of Figures 1-1 Project Site 1-2 Potential Protected Species Observer Locations

List of Tables 1-1 In-Water Pile Driving and Drilling Activities

List of Appendices

Appendix A: Submitted IHA Application Appendix B: Acoustic Modeling Results (Tables and Figures) Appendix C: Data Collection Sheets Appendix D: Issued Authorization (To be added to the plan once received from NMFS)

Acronyms and Abbreviations

Acronym Definition dBrms Decibels Root Mean Square Referenced

ft. Feet IHA Incidental Harassment Authorization LOA Letter of Authorization m Meters MMPA Marine Mammal Protection Act NAVSTA Naval Station Navy U.S. Department of the Navy NMFS National Marine Fisheries Service NRM Installation Natural Resources Manager PSO Protected Species Observers RMS Root-Mean-Square Sound Pressure Levels SEL Sound Exposure Levels SME Subject Matter Expert VA Virginia

Chapter 1. Introduction

1.1 Purpose of the Marine Mammal and Acoustic Monitoring Plan The purpose of this Marine Mammal and Acoustic Monitoring Plan (Plan) is to detail the protocols for marine mammal and acoustic monitoring activities associated with the Pier 3 Demolition and Reconstruction at Naval Station (NAVSTA) Norfolk (Figure 1-1. In accordance with the Marine Mammal Protection Act (MMPA) of 1972, as amended, an application for Incidental Harassment Authorization (IHA) was submitted to National Marine Fisheries Service (NMFS) on 15 July 2021 and Letter of Authorization (LOA) is anticipated to be submitted to NMFS in March of 2022. Incidental take of humpback whale (Megaptera novaeangliae), bottlenose dolphin (Tursiops truncatus), harbor porpoise (Phocoena phocoena), harbor seal (Phoca vitulina), and gray seal (Halichoerus grypus) are anticipated as a result of the proposed project.).

The proposed project includes the replacement of Pier 3 at NAVSTA Norfolk, located in Norfolk, VA, as well as various upgrades and improvements to nearby bulkheads and wharves. The proposed project will occur in phases over a period of four years, from April 2022 through November 2026. Activities within the first year of construction shall be covered by the Incidental Harassment Authorization, with the Navy submitting a request for a Letter of Authorization to cover the remaining work from April 2023 through November 2026. Vibratory and impact pile driving and drilling activities associated with proposed activities have the potential to affect marine mammals within marine waters adjacent to these Navy installations and could result in harassment under the MMPA.

The purpose of monitoring is:

1. To minimize the potential for Level A (PTS onset) harassment of marine mammals by implementing shutdown zones whenever a marine mammal is within a distance as specified by the application and subsequent authorizations;

2. To determine the numbers and species of marine mammals that occur within established Level A (PTS onset) and Level B (behavioral) harassment zones, and to document any differences in species, numbers, or effects relative to project-related in-water activities; and

3. To empirically measure sound source levels for different types of piles and installation/removal methods, as detailed in the application and subsequent authorizations.

Once approved by NMFS, this Plan will not be modified without NMFS’ approval. The IHA and LOA and this corresponding Plan are valid for take incidental to the specified activities at NAVSTA Norfolk from April 2023 through November 2026.

Figure 1-1 Project Site

1.2 Summary of Activities to be Monitored for Marine Mammals

All relevant in-water construction and demolition activities that have the potential to result in Level A and Level B harassment of marine mammals, including installation of piles via vibratory and impact pile driving, pre-drilling, and removal of piles via vibratory hammers, shall be monitored.

In-water construction and demolition activities under this Plan must comply with all mitigation and minimization measures as detailed in Chapter 11 and Chapter 13 of the application (Appendix A) and subsequent authorization:

In-water activities expected to result in incidental takes of marine mammals would occur from April 2022 through November 2026. The estimated duration of noise generating activities for the first year of construction covered under the requested IHA is provided Table 1-1. Once the schedule for the activities covered under the remaining duration of the project (LOA request) is determined, the plan will be updated with that table (Table 1-2).

Table 1-1 In-Water Pile Driving and Drilling Activities Occurring During IHA Timeline

Location Activity Amount and Schedule

Type and Size Method1 Daily Production Rate (Piles/day)

Total production Days

Pier 4

Demolition of Existing Fender Piles

36 fender piles June 2022 – September 2022

14-inch timber Vibratory Hammer 4 9 days

Installation of Fender Piles

36 fender piles

June 2022 – September 2022

24-inch precast concrete square

Pre-drilling with Impact Hammer OR

6 6 days

Impact Hammer 12 3 days

Pier 3T Demolition of Existing Pier 3T

286 bearing piles August 2022 – November 2022

18-inch precast concrete square

Vibratory Hammer 4 72 days

87 fender piles August 2022 – November 2022

14-inch timber Vibratory Hammer 4 22 days

CEP-175 Repair Fender System

9 fender piles

October 2022 – November 2022

13-inch polymeric

Pre-drilling with Impact Hammer OR

7 2 days

Impact Hammer OR 7 2 days Vibratory Hammer 7 2 days

CEP-102

Demolish Partial Existing Fender System

22 fender piles October 2022 – November 2022

18-inch concrete square

Vibratory Hammer 4 6 days

9 fender piles October 2022 – November 2022

14-inch timber Vibratory Hammer 4 3 days

4 fender piles 13-inch polymeric Vibratory Hammer 4 1 day

Pier 3 Begin Construction of New Pier 3

300 bearing piles October 2022 – March 2023

24-inch precast concrete square

Impact Hammer 2 150 days

CEP-176 42-inch steel pipe Impact Hammer OR 2 55 days

Begin Construction of New Bulkhead

109 bearing piles December 2022

– 30 March 2023

Vibratory Hammer 2 55 days

221 sheet piles December 2022

– 30 March 2023

28-inch steel sheet Impact Hammer OR 4 55 days

Vibratory Hammer 4 55 days

CEP-102

Construction of a Portion of the New Bulkhead

4 bearing piles

December 2022

– 30 March 2023

42-inch steel pipe Impact Hammer OR 2 2 days

Vibratory Hammer 2 2 days

8 bulkhead sheet piles

December 2022

– 30 March 2023

28-inch steel sheet

Impact Hammer OR 4 2 days

Vibratory Hammer 4 2 days

11 bearing piles

December 2022

– 30 March 2023

24-inch precast concrete square

Pre-drilling with Impact Hammer OR

2 6 days

Impact Hammer 2 6 days

Total piles installed, extracted, or drilled

1,138

Total days pile driving/extraction/drilling 270 days2,3

1Only one method of installation is likely; however, because the exact means of installation are up to the selected construction contractor, all possibilities have been analyzed.

2Total number of days takes into account only the most days possible for each pile type with multiple potential installation methods (i.e. worst case).

3The preliminary schedule has work at Pier 4, demo of Pier 3T, start of construction at Pier 3, and work at CEP-175 could potentially occur simultaneously, thus the total days of pile driving/extraction/drilling reflects this assumption.

Table 1-2: In-Water Pile Driving and Drilling Activities Occurring During IHA Timeline (Placeholder)

Location Activity Amount and Schedule

Type and Size Method1 Daily Production Rate (Piles/day)

Total production Days

Total piles installed, extracted, or drilled

Total days pile driving/extraction/drilling

Detailed acoustic modeling is included in Appendix B and estimated numbers of species takes are included in the application (Appendix A of this Plan).

1.3 Mitigation Measures

The following mitigation measures, as specified in the submitted application and anticipated authorization, shall be implemented during in-water noise generating activities to minimize Level A and Level B harassment.

1. Coordination: The Navy will conduct briefings between construction supervisors and crews, the marine mammal monitoring team, and Navy staff prior to the start of all pile driving activity and when new personnel join the work, to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures.

2. Soft Start: The contractor shall utilize a “soft start” procedure to provide a warning and/or give animals in proximity to pile driving the opportunity to leave the area prior to an impact driver operating at full capacity. The soft start shall be accomplished by providing an initial set of strikes from the impact hammer at reduced energy, followed by a 30-second waiting period, then two subsequent sets. The soft start procedure shall be used for impact pile driving at the beginning of each day’s in-water pile driving or any time pile driving has ceased for more than 30 minutes.

The reduced energy of an individual hammer cannot be quantified because they vary by individual drivers. Also, the number of strikes will vary at reduced energy because raising the hammer at less than full power and then releasing it results in the hammer “bouncing” as it strikes the pile resulting in multiple “strikes.”

3. Visual Monitoring and Shutdown Procedures: The Contractor shall submit a Marine Mammal and Hydroacoustic Monitoring Plan to NAVSTA Norfolk environmental office for approval prior to commencement of in water project activities. At a minimum, the plans must include the following:

The monitoring shall be implemented and shutdown procedures shall be put into effect if a marine mammal were to approach the shutdown zone for the activity being conducted. Impacts are expected to be insignificant and no injury would be expected, as monitors must ensure the shutdown zone is clear of mammals before the start of in-water noise generating activities.

Proposed monitoring zones are provided in Table 11-1 of the submitted application (Appendix A).

The minimum monitoring zone is equivalent to the general construction shutdown zone described below.

• For humpback whales, work must stop any time the species is sighted approaching the humpback whale Level A ZOIs. This approach will prevent the need for Level A takes for this species.

• For all impact and vibratory pile driving and drilling, a shutdown zone of 150 meters shall be implemented to reduce injury. This 150 m shutdown zone shall be monitored at all times and work must stop as soon as safely possible if an animal is seen approaching this zone.

• The entire Level A (PTS onset) zones beyond 150 m and a portion of the Level B (behavioral) harassment zones shall be visually monitored.

• In order to prevent injury from physical interaction with construction equipment, a general construction shutdown zone of 10 m or 33 ft. shall be implemented during all in-water construction activities having the potential to affect marine mammals to ensure marine mammals are not present within this zone. These activities could include but are not limited to 1) barge positioning, 2) dredging, or 3) pile driving. For some sound-generating activities, the potential for Level A (PTS onset) harassment by acoustic injury extends less than 10 m from the source, and for these activities, the shutdown zone automatically mitigates/minimizes Level A (PTS onset) harassment.

• Visual monitoring shall be conducted by experienced personnel with training in marine mammal detection and the ability to describe relevant behaviors that may occur in proximity to in-water construction activities (hereafter “Protected Species Observers” [PSOs]).

• If a marine mammal species for which incidental take has not been authorized is seen approaching or entering the shutdown zone or the disturbance zone during pile driving, the noise producing activity must cease. If such circumstances recur, the Navy will consult with NMFS concerning the potential need for an additional take authorization.

• Pile driving must cease if any marine mammal is detected in or approaching the Level A shutdown zone of 150 m (i.e. Level A [PTS onset] harassment zone]). If a marine mammal is observed in the Level B (behavioral) harassment zone or the Level A (PTS onset) harassment zone beyond 150 meters, but not approaching or entering the shutdown zone, a take shall be recorded, and the work shall be allowed to proceed without cessation.

• All species that enter either the Level A (PTS onset) harassment or Level B (behavioral) harassment zones shall be monitored and documented, with the PSO estimating the amount of time the animal spends within the Level A or Level B zone while pile driving is underway.

• In the event of a shutdown, pile driving shall be halted and delayed until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone or 15 minutes have elapsed without re-detection of the animal.

• Visual monitoring must take place from 30 minutes prior to initiation through 30 minutes post-completion of pile driving. Prior to the start of pile driving, the shutdown zone and disturbance zone shall be monitored for 30 minutes to ensure that the zones are clear of marine mammals. Pile driving will only commence once observers have declared the shutdown zone clear of marine mammals.

• Monitoring shall be conducted by, at a minimum, a two-person PSO team designated by the construction contractor. Given the configuration of the ZOIs, which vary depending on the pile type/size and the pile driver type (see Figure A-1 through A-31 of Appendix B), it is assumed that two PSOs would be sufficient to monitor the ZOIs for impact drivers, and three to four PSOs would be sufficient to monitor the ZOIs for vibratory drivers.

However, additional monitors may be added if warranted by the level of marine mammal activity in the area. PSOs shall be placed at the best vantage point(s) practicable (Figure 1-2) to monitor for marine mammals and implement shutdown/delay procedures when applicable by calling for the shutdown by the pile driver operator.

Figure 1-2 Potential Protected Species Observer Locations

Chapter 2. Monitoring Zones

2.1 Level A and Level B Harassment Monitoring Shutdown Zones

Level A and Level B harassment monitoring zones are shown in Appendix B (Figures A-1 to A-31). These zones are based on maximum potential distances as shown in Appendix B (Tables A-1 to A-3). These harassment zones may be truncated as they take into account the natural and manmade barriers to sound transmission along the shoreline.

2.2 Observer Monitoring Locations

To effectively monitor the Level A and Level B harassment zones, PSOs shall be positioned at the best practicable vantage points, taking into consideration security, safety, and space limitations. Potential PSO locations are shown on Figure 1-2. The actual number of PSOs may vary depending on the construction activity and the size of the Level A and Level B harassment zones for the activity.

Chapter 3. Visual Monitoring Protocols The visual monitoring components of this Plan take into consideration the logistical, environmental, and security requirements for working in the project area. The distances to the Level A and Level B harassment boundaries are used to determine monitoring locations for the activities associated with this Plan.

3.1 Protected Species Observer Qualifications

The PSOs must meet NMFS qualifications for PSOs: either be biologists with prior training and experience to meet the qualifications in conducting marine mammal monitoring, professional PSOs with certification (i.e., Protected Species Observer), recognized membership in a professional organization (i.e., Marine Mammal Observer Association), or may substitute education (undergraduate degree in biological science or related field) or training for experience. The PSO (or lead PSO if multiple PSOs required) must have had prior experience working as a PSO on construction projects.

All PSOs shall be independent observers (i.e., not construction personnel) who have the ability to correctly identify the marine mammal species and accurately describe the relevant species-specific behaviors that may occur in proximity to in-water construction activities.

Additional qualifications and protocols of PSOs include the following:

• Must have the ability to conduct field observations and collect data according to the assigned protocol.

• Where a team of multiple PSOs are required, one observer shall be designated as lead observer throughout the duration of the project. The lead PSO must have had prior experience working as an observer on construction projects.

• All credentials for assigned PSOs shall be submitted to the Navy for approval

• All PSOs working on this project must attend a training brief by the Installation Natural Resources

Manager (NRM) that will include the following:

o Navy’s Marine Species Awareness Training video shall be shown o ZOIs that must be monitored and locations where PSOs must be stationed o Species for takes have been authorized o Monitoring and data collection protocols o Reporting protocols to ensure take limit is not exceeded o Reporting protocols to NMFS in accordance with the issued authorization

• Must have experience or training in the field identification of marine mammals, including the identification of behaviors

• Must have visual acuity in both eyes (correction is permissible) sufficient for discernment of moving targets at the water’s surface with ability to estimate target size and distance. Use of binoculars may be necessary to correctly identify the target.

• Must have sufficient training, orientation, or experience with the construction operation to provide for personal safety during observation periods.

• Must have writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed, dates and times when in-water construction activities were conducted, dates and times when in-water construction activities were suspended to avoid potential incidental injury from construction sound of marine mammals observed within a defined zone, and marine mammal behavior.

• Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.

3.2 Visual Monitoring

Based on the requirements identified in the submitted IHA and anticipated authorization, as well as the forthcoming LOA and authorization, a minimum of two PSOs would be utilized for impact pile driving activities and 3-4 PSOs would be used for vibratory driving and drilling activities. Additional PSOs may be necessary depending on the size of the Level A and Level B harassment zones for the specific activity that is occurring. These PSOs could potentially be stationed at Pier-1, Pier-2 Pier-3, Pier-8, Pier-14, or The North Jetty, depending on the size of the zones in order to best monitor each ZOI. PSOs will be required to be stationed on elevated platform(s) with the exception of the north jetty, which does not allow access for a lift.

3.2.1 Equipment

The following equipment shall be required to conduct visual monitoring:

• Laser rangefinders used to measure distances to known objects as reference points for distances to marine mammals observed in the water

• Portable marine radios for the observers to communicated with the lead PSO, construction contractor and other observers

• Hearing protection for all personnel near the sound source. Depending on observer locations relative to the sound source, and the subsequent airborne source levels, a noise-reducing headset with capabilities to connect to a radio may be used

• Cellular phones (one per PSO location), and the contact information for the lead observer, other observers, and construction contractor

• Nautical charts

• Daily tide table for the project area

• Watch or chronometer

• Standard handheld binoculars and, if needed, high magnification binoculars

• Monitoring plan, Level A and B harassment zone figures, and/or other relevant permit requirement specifications in sealed transparent plastic cover

• Data collection sheets with plastic cover (waterproof paper recommended)

• Marine mammal identification guides (waterproof paper recommended)

• Clipboard

• Pen/Pencil (capable of writing in rain)

• Elevated platform(s)

3.3 Visual Monitoring Methods

Prior to the start of all in-water noise generating activities, briefings shall be conducted between the Navy, the construction contractor, and the PSO team. Briefings shall be conducted any time new personnel join the work. These briefings will explain responsibilities, communication procedures, visual monitoring protocols, and operational procedures. All PSOs must attend the training brief described above in Section 3.1.

The PSOs are tasked with collecting marine mammal sighting data, including behaviors noted for pre-, during-, and post-pile driving periods. All observations of marine mammals shall be logged, with locations within the Level A or Level B harassment zone or shutdown zone noted. An assessment of take must occur if an animal or group of animals enters any of the Level A or Level B harassment zones during project-related activities. The efficacy of visual detection depends on factors such as the PSOs ability to detect the animal, the environmental conditions (visibility and sea state), and monitoring platforms. Pre- , during-, and post- noise generating activity visual survey protocols are described below.

3.3.1 Visual Survey Protocols

The following survey protocols shall be implemented prior to the start of noise generating activities:

3.3.1.1 Pre-Activity Monitoring

• The Level A (PTS onset) and Level B (behavioral) harassment zones and the shutdown zone shall be monitored for 30 minutes prior to in-water construction/demolition activities. If a marine mammal is present within the shutdown zone, the activity shall be delayed until the animal(s) leave the shutdown zone. Activity will resume only after the PSO has determined that, through sighting or by waiting approximately 15 minutes, the animal has moved outside the shutdown zone. If a marine mammal is observed approaching the shutdown zone, the PSO who sighted that animal must notify the shutdown PSO of its presence.

3.3.1.2 During-Activity monitoring

• During Activity Monitoring: If a marine mammal is observed entering the Level B (behavioral) zone, that activity shall be completed without cessation, unless the animal enters or approaches the Level A (PTS onset) shutdown zone, at which point all pile driving activities shall be halted. If an animal is observed within the shutdown zone during pile driving, then pile driving shall be stopped as soon as it is safe to do so. Pile driving can only resume once the animal has left the Level A (PTS onset) shutdown zone of its own volition or has not been re-sighted for a period of 15 minutes.

3.3.1.3 Post-Activity Monitoring

• Post-Activity Monitoring: Monitoring of the Level A (PTS onset) shutdown and Level B (behavioral) harassment zones must continue for 30 minutes following the completion of the activity.

3.4 Data Collection

PSOs must use approved sighting forms (Appendix C). At a minimum, the following information shall be collected on the sighting forms:

• Date and time that noise generating activities begin and end

• Construction activities occurring during each observation period

• Weather parameters identified in the acoustic monitoring (i.e., wind, humidity, temperature)

• Tide state and water currents

• Visibility

• Species, numbers, and, if possible, sex and age class of marine mammals

• Marine mammal behavior patterns observed, including bearing and direction of travel, and, if possible, the correlation to SPLs

• Distance from pile driving activities to marine mammals and distance from the marine mammal to the observation point

• Estimated amount of time an animal spends within the Level A or Level B harassment zones while noise generating activities are underway

• Locations of all marine mammal observations

• Other human activity in the area

To the extent practicable, PSOs must record behavioral observations that may make it possible to determine whether the same or different individuals are being taken as a result of project activities over the course of a day.

The Lead PSO shall be responsible for consistency in data collection and shall consult with NAVFAC and the Installation NRM to ensure consistency and oversight on the data collection. The Contractor and/or Lead PSO must update the NRM monthly to keep the NRM abreast of the current take estimate; ensuring authorized takes are not exceeded. Should the project “take” 80% of the authorized takes for a species, the NRM shall be immediately notified. The NRM will in turn notify the Region SME in order to coordinate additional takes with NMFS.

Chapter 4. Hydroacoustic Monitoring Plan This section comprises the hydroacoustic monitoring plan for the Pier 3 Demolition and Reconstruction.

The submitted application and anticipated authorization stipulate the number and types of piles and activities that the project must collect acoustic data for.

4.1 Objectives

The purpose of hydroacoustic monitoring, or sound source verification (SSV), is to characterize underwater noise from pile driving activities during various types of pile driving, extraction, and drilling associated with this project. Data collected shall be reported to NMFS, as required by the issued authorization. Data collected can also be used in future environmental planning and consultation documents.

4.2 Survey Locations

Monitoring shall include two underwater positions and shall be conducted in accordance with NMFS guidance (NMFS 2012). One underwater location shall be at the standard 10 meters from the sound source, while the other positions shall be located at a distance of at least 20x water depth at the pile.

(Once the contractor is onboard and if they determine that this distance interferes with shipping lanes or vessel traffic, or if there is other reasons why this criteria cannot be achieved, the Plan must offer an alternate site as close to the criteria as possible for NMFS’ approval).

4.3 Temporal Considerations

Measurements shall be collected as detailed in the submitted application (Table 13-1 of Appendix A) for each pile type during the entire pile-driving/extracting/drilling event, but during data analysis, only the periods of maximum hammer energy shall be characterized. Maximum hammer energy is characterized by removing starts (ramp up of hammer energy) and stops (ramp down of hammer energy) from data being analyzed.

4.4 Monitoring Equipment Proposed for Use

The recording equipment shall be capable of recording the minimum bandwidth required per NMFS 2012 guidelines. For this project, the specific equipment that shall be used for acoustic monitoring is yet to be determined, as the construction contractor has not been selected. Once they are onboard, they will provide equipment specifications for NMFS’ approval.

4.5 Data Processing

Acoustic monitoring must include the measurement of peak sound pressures, root-mean-square sound pressure levels (RMS) and sound exposure levels (SEL). Different data processing is required to characterize source levels for vibratory pile driving than for impact driving. For vibratory pile driving, characterize overall dBrms levels by taking 10 sec averages across the whole event and averaging all the 10 sec periods. Averaging 10 sec periods will likely capture the variation in sound levels over the pile-driving event. For impact pile driving, characterize overall dBrms levels by integrating sound for each waveform across 90% of the acoustic energy in each wavy (using the 5-95 percentiles to establish the 90% criterion) and averaging across all waves in the pile-driving event.

The underwater acoustic recordings or measured data shall be analyzed to provide peak, RMS, and SEL sound pressure levels along with narrow or 1/3rd octave band frequency spectra.

Chapter 5. Interagency Notification for Injured or Dead Marine Mammals In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by the issued authorization, such as a serious injury, or mortality, the contractor must immediately cease the specified activities and report the incident to the NMFS Office of Protected Resources and Greater Atlantic Region Stranding Coordinator (866-755-6622). The report must include the following information:

1. Time and date of the incident

2. Description of the incident

3. Environmental conditions (i.e., wind speed and direction, Beaufort sea state, cloud cover, and visibility)

4. Description of all marine mammal observations and active sound source use in the 24 hours preceding the incident

5. Species identification or description of the animal(s) involved

6. Fate of the animal(s)

7. Photographs or video footage of the animal(s)

Activities must not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with the Navy to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. The Navy may not resume their activities until notified by

NMFS.

In the event the contractor discovers an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent (i.e., in less than a moderate state of decomposition), the Navy must immediately report the incident to the Office of Protected Resources, NMFS, and the Greater Atlantic Coast Region Stranding Coordinator. The report must include the same information identified above. Activities may continue while NMFS reviews the circumstances of the incident. NFMS will work with the Navy to determine whether additional mitigation measures or modifications to the activities are appropriate.

In the event the contractor discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the specified activities (i.e., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), the Navy must report the incident to the Office of Protected Resources, and the Greater Atlantic Coast Region Stranding Coordinator within 24 hours of the discovery.

All incidences of injured or dead marine mammals must be coordinated with Region SME and OPNAV N45, in addition to the agency notifications above. The Installation NRM should reach out to the Region SME with all of the details of the report. The Region SME will coordinate with OPNAV N45.

Chapter 6. Reporting Monitoring reports shall be provided to NMFS in accordance with the issued authorization. Reports shall be submitted to the Navy 30 days before the due date to NMFS for internal Navy review. The reporting procedures are summarized below.

6.1 Annual Reports

A draft report for all visual and acoustic monitoring for the first year of construction under the anticipated IHA must be submitted to NMFS 60 calendar days before the issuance of the subsequent LOA. The LOA will be requested for coverage beginning on April 1, 2023; therefore, the draft report under the IHA must be submitted to NMFS by January 31, 2022. Once the LOA is issued, reports must be submitted annually for all visual and acoustic monitoring within ninety calendar days after each activity year, starting in April 2024, or from the date when the previous annual report ended.

This report must contain the informational elements from the application, including, but not limited to:

1. Dates and times (begin and end) of all marine mammal monitoring

2. Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method (i.e., impact or vibratory)

3. Weather parameters and water conditions during each monitoring period (e.g., wind speed, percent cover, visibility, sea state)

4. The number of marine mammals observed, by species, relative to the pile location and if pile driving or removal was occurring at time of sighting

5. Age and sex class, if possible, of all marine mammals observed

6. PSO locations during marine mammal monitoring

7. Distances and bearings of each marine mammal observed to the plie being driven or removed for each sighting (if pile driving or removal was occurring at time of sighting).

8. Description of any marine mammal behavior patterns during observation, including direction of travel

9. Number of individuals of each species (differentiated by month as appropriate) detected within the monitoring zone, and estimates of number of marine mammals take, by species ( a correction factor may be applied to total take numbers, as appropriate)

10. Detailed information about any implementation of any mitigation triggered (e.g., shutdowns and delays), a description of specific actions that ensued, and resulting behavior of the animal, if any.

11. Description of attempt to distinguish between the number of individual animals taken and the number of incidences of take, such as ability to track groups or individuals

Annual reports must also include results from all acoustic monitoring conducted during the reporting period, in accordance with the details in Chapter 4 of this Plan.

NMFS will provide comments within thirty days of receipt of the annual report and the Navy will address the comments and submit revisions within thirty days after receiving NMFS comments. If no comment is received from NMFS within thirty days, the annual report is considered final/completed.

6.2 Final Report

A draft report on all monitoring conducted under the authorization must be submitted within ninety calendar days of the completion of the project or sixty days prior to the issuance of any subsequent authorizations for this project, whichever comes first. A final report shall be prepared and submitted within thirty days following resolution of comments on the draft report from NMFS. This report must contain the informational elements from the application, including, but not limited to:

1. Dates and times (begin and end) of all marine mammal monitoring

2. Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method (i.e., impact or vibratory)

3. Weather parameters and water conditions during each monitoring period (e.g., wind speed, percent cover, visibility, sea state)

4. The number of marine mammals observed, by species, relative to the pile location and if pile driving or removal was occurring at time of sighting

5. Age and sex class, if possible, of all marine mammals observed

6. PSO locations during marine mammal monitoring

7. Distances and bearings of each marine mammal observed to the plie being driven or removed for each sighting (if pile driving or removal was occurring at time of sighting).

8. Description of any marine mammal behavior patterns during observation, including direction of travel

9. Number of individuals of each species (differentiated by month as appropriate) detected within the monitoring zone, and estimates of number of marine mammals take, by species ( a correction factor may be applied to total take numbers, as appropriate)

10. Detailed information about any implementation of any mitigation triggered (e.g., shutdowns and delays), a description of specific actions that ensued, and resulting behavior of the animal, if any.

11. Description of attempt to distinguish between the number of individual animals taken and the number of incidences of take, such as ability to track groups or individuals.

Literature Cited NMFS 2012. Guidance Document: Data Collection Methods to Characterize Impact and Vibratory Pile Driving Source Levels Relevant to Marine Mammals. Memo from NMFS Northwest Region and Northwest Fisheries Science Center to Interested Parties. January 31, 2012.

Appendix A: Submitted IHA Application

Request for Incidental Harassment Authorization Under the Marine Mammal Protection Act for the

Pier 3 Demolition and Reconstruction

Norfolk, Virginia

July 2021

Submitted to:

Office of Protected Resources, National Marine Fisheries Service, National Oceanic and Atmospheric Administration

Prepared by:

NAVFAC SYSCOM MIDLANT

Prepared for:

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Request for IHA for Incidental Harassment of Marine Mammals NAVSTA Norfolk Pier 3 Demolition and Reconstruction July 2021

ES-1

Executive Summary The United States Department of the Navy (Navy) is applying for an Incidental Harassment Authorization for the incidental take of marine mammals resulting from the proposed replacement of Pier 3 at Naval Station Norfolk, located in Norfolk, VA. The proposed pier replacement will occur in phases over a period of four years, from April 2022 through November 2026. Activities within the first year of construction will be covered with the Incidental Harassment Authorization, with the Navy submitting a request for a Letter of Authorization to cover the remaining work from April 2023 through November 2026. Vibratory and impact pile driving and drilling activities associated with proposed activities have the potential to affect marine mammals within marine waters adjacent to these Navy installations and could result in harassment under the Marine Mammal Protection Act (MMPA) of 1972, as amended.

Pursuant to MMPA Section 101(a)(5)(A), the Navy submits this application to the National Marine Fisheries Service for the authorization of incidental, but not intentional, taking of individuals of five marine mammal species during pile driving activities for the Proposed Action from April 1, 2022 through March 30, 2023. A request for a Letter of Authorization (LOA) will be submitted for work planned to occur from April 1, 2023 through December 30, 2026. The taking of marine mammals will be non-injurious and temporary. All taking is expected to have a negligible impact on populations of these species. In addition, the taking will not have an adverse impact on the availability of these species for ceremonial or subsistence use.

The Navy used the National Marine Fisheries Service promulgated thresholds for assessing pile driving impacts to marine mammals, and empirically measured source levels from other similar pile driving projects to estimate potential marine mammal exposures to pile driving noise. Predicted exposures are described in detail in Section 6 (Numbers and Species Exposed) and summarized in Table ES-1. The conservative assumptions (including marine mammal densities and other assumptions) used to estimate the exposures are likely to overestimate the potential number of exposures.

Regulations governing the issuance of incidental take under certain circumstances are codified at 50 Code of Federal Regulations part 216, subpart I (sections 216.101–216.108). Section 216.104 sets forth 14 specific items that must be addressed in requests for take pursuant to section 101 (a)(5)(A) of the MMPA.

These 14 items are addressed in Sections 1 through 14 of this Letter of Authorization application.

Table ES-1 Total Underwater Exposure Estimates by Species for Year 1 Species Level A Level B Total

Humpback whale 0 12 12 Bottlenose dolphin 0 27,119 27,119 Harbor porpoise 12 12 24 Harbor seal 498 1,991 2,489 Gray seal 1 2 3

ES-2

i

TABLE OF CONTENTS

1 Introduction and Description of Activities .................................................................................. 1-1

1.1 Introduction ...................................................................................................................... 1-1

1.2 Project Description........................................................................................................... 1-5

1.2.1 Outfitting Pier 4 .................................................................................................... 1-5

1.2.2 Demolition of Pier 3T ............................................................................................ 1-5

1.2.3 CEP-175 Bulkhead ................................................................................................. 1-5

1.2.4 Pier 3 Construction................................................................................................1-5

1.2.5 CEP-176 Bulkhead ................................................................................................. 1-6

1.2.6 CEP-102 Bulkhead ................................................................................................. 1-6

1.3 In-Water Construction Activities ...................................................................................... 1-6

1.3.1 Dredging ............................................................................................................... 1-6

1.3.2 Pile Removal ......................................................................................................... 1-6

1.3.3 Pile Installation ..................................................................................................... 1-7

1.3.4 Pre-Drilling ............................................................................................................ 1-8

1.3.5 Construction Access and Project Staging ............................................................... 1-8

1.3.6 Concurrent Activities ............................................................................................. 1-8

2 Dates, Duration, and Location of Activities ................................................................................ 2-1

2.1 Dates and Duration of Activities ....................................................................................... 2-1

2.2 Project Location Description ............................................................................................. 2-1

2.2.1 Marine and Bathymetric Setting ............................................................................ 2-2

2.2.2 Shorelines ............................................................................................................. 2-3

2.2.3 Water Quality........................................................................................................ 2-3

2.2.4 Sediments ............................................................................................................. 2-3

2.2.5 Ambient Sound ..................................................................................................... 2-4

3 Marine Mammal Species and Numbers...................................................................................... 3-1

3.1 Marine Mammal Species Likely to be Found within the Activity Area .............................. 3-1

3.2 Estimates of Abundance within the Activity Area ............................................................. 3-1

3.2.1 Humpback Whale .................................................................................................. 3-2

3.2.2 Bottlenose Dolphin ............................................................................................... 3-3

3.2.3 Harbor Porpoise .................................................................................................... 3-3

3.2.4 Harbor Seal ........................................................................................................... 3-4

3.2.5 Gray Seal ............................................................................................................... 3-4

4 Affected Species Status and Distribution ................................................................................... 4-1

4.1 Humpback Whale .............................................................................................................. 4-1

4.1.1 Status and Management ....................................................................................... 4-1

4.1.2 Distribution ........................................................................................................... 4-1

4.1.3 Site-Specific Occurrence ........................................................................................ 4-2

4.2 Bottlenose Dolphin ........................................................................................................... 4-2 ii

4.2.1 Status and Management ....................................................................................... 4-2

4.2.2 Distribution ........................................................................................................... 4-3

4.2.3 Site-Specific Occurrence ........................................................................................ 4-3

4.3 Harbor Porpoise ................................................................................................................ 4-4

4.3.1 Status and Management ....................................................................................... 4-4

4.3.2 Distribution ........................................................................................................... 4-4

4.3.3 Site-Specific Occurrence ........................................................................................ 4-4

4.4 Harbor Seal ....................................................................................................................... 4-4

4.4.1 Status and Management ....................................................................................... 4-4

4.4.2 Distribution ........................................................................................................... 4-5

4.4.3 Site-Specific Occurrence ........................................................................................ 4-5

4.5 Gray Seal ........................................................................................................................... 4-5

4.5.1 Status and Management ....................................................................................... 4-5

4.5.2 Distribution ........................................................................................................... 4-6

4.5.3 Site-Specific Occurrence ........................................................................................ 4-6

5 Take Authorization Requested ................................................................................................... 5-1

5.1 Take Authorization Request .............................................................................................. 5-1

5.2 Method of Incidental Taking ............................................................................................. 5-1

6 Numbers and Species Exposed ................................................................................................... 6-1

6.1 Introduction ...................................................................................................................... 6-1

6.2 Description of Noise Sources............................................................................................. 6-1

6.3 Marine Mammal Hearing .................................................................................................. 6-2

6.4 Sound Exposure Criteria and Thresholds ........................................................................... 6-3

6.5 Limitations of Existing Noise Criteria................................................................................. 6-5

6.6 Auditory Masking .............................................................................................................. 6-5

6.7 Modeling Potential Noise Impacts from Pile Driving ......................................................... 6-7

6.7.1 Underwater Sound Propagation ............................................................................ 6-7

6.7.2 Underwater Noise from Pile Driving ...................................................................... 6-7

6.8 Distances to Underwater Sound Thresholds ..................................................................... 6-9

6.9 Airborne Sound Propagation........................................................................................... 6-13

6.10 Estimated Duration of Pile Driving .................................................................................. 6-13

6.11 Basis for Estimating Take by Harassment ........................................................................ 6-13

6.12 Estimating Potential Exposures to Pile Driving and Drilling Noise ................................... 6-13

6.12.1 Approach to Estimating Abundance of Marine Mammals Exposed to Noise......... 6-13

6.12.2 Assumptions ....................................................................................................... 6-14

6.13 Exposure Estimates ......................................................................................................... 6-15

6.