26-8633_Exhibit_K_-_Wiggins_Pass_-_Appendix_A_Permits_and_QAQC.pdf

Appendix A- Permits and Approved QA/QC

1) DEP JCP Permit Modification (0142538-018) and original Permit (0142538-008-JC)

2) USACE Permit Modification (SAJ-2004-07621

(MOD-SJF) and original Permit (SAJ-2004-07621

(IP-MJD)

3) Sediment QA/QC Plan (Approved July 3, 2012) www.floridadep.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Noah Valenstein Secretary

CONSOLIDATED MAJOR MODIFICATION TO A JOINT COASTAL PERMIT AND

SOVEREIGN SUBMERGED LANDS AUTHORIZATION

PERMITTEE:

Collier County Attn: Gary McAlpin 3301 E. Tamiami Trail Naples, FL 34112 GaryMcAlpin@colliergov.net

AGENT:

Humiston & Moore Engineers Attn: Brett Moore, P.E.

5679 Strand Court Naples, FL 34110 bdm@humistonandmoore.com

PERMIT INFORMATION:

Permit Number: 0142538-018-JM

Project Name: Wiggins Pass Navigational Channel Expansion and Maintenance

County: Collier

Issuance Date: November 4, 2019

Expiration Date: January 2, 2028

REGULATORY AUTHORIZATION:

This major modification to Permit No. 0142538-008-JC is issued under the authority of Chapter 161 , which includes consideration of the provisions contained in Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). Pursuant to Operating Agreements executed between the Department of Environmental Protection (Department) and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. This major modification, hereafter referred to as Permit No. 0142588-018-JM, supersedes Permit No. 0142538-008-JC. Changes to Permit No. 0142538-008-JM are shown as strikethroughs (deletions) or underlines (additions).

Joint Coastal Permit Wiggins Pass Navigation Channel Expansion and Maintenance Permit No. 0142538-018-JM www.floridadep.gov

PROJECT DESCRIPTION:

The project is to straighten and expand the Wiggins Pass navigation channel by dredging a new alignment and filling the existing channel meander within the flood shoal. The dredged sand from the initial realignment will be placed in the flood shoal channel meander (Flood Shoal Disposal Area), the South Point Escarpment Repair site, the North Onshore Disposal Area and the North Nearshore Disposal Area. Any additional suitable dredge material available after those areas are filled will be placed in the Ebb Shoal Disposal Area. Approximately 7,500 cubic yards of material dredged from the realigned channel is not environmentally suitable for beach, nearshore or inlet disposal; so, this material will be placed in a separate offshore disposal area (excavated basin of Borrow Area 6, from the 1996 Collier County beach restoration project).

Periodic maintenance dredging of the authorized navigation channel location, including the north, south and east tributary channels, may also be conducted. For each maintenance event, the alignment of the channel may be shifted 50 feet north or south of that depicted on the permit drawings through the ebb shoal (seaward of Station C3), and 50 feet north through the flood shoal (landward of Station C3), to accommodate the natural variability of the Pass. Future efforts to train the channel may occur by placement of material in the Ebb Shoal Disposal Area, providing that the inlet bypassing objectives are met. This area is conceptually shown on the permit drawings, but the exact location can vary. Interim maintenance dredging projects may be conducted to remove smaller amounts of sand from the channel. Based on beach and inlet monitoring surveys, the dredged material will be distributed to the disposal areas in order to balance the sediment budget between the inlet and the adjacent shorelines, offset erosion of the adjacent shorelines, and maintain the location and hydraulic stability of the navigation channel.

The project also includes the periodic maintenance dredging of 4,700 feet of the Water

Turkey Bay navigational channel to the design depth of -5.0 feet MLW, with 0.5 foot over-depth allowance, for a maximum allowable dredge depth of -5.5 feet. The channel widths range from approximately 90 feet to 140 feet

The proposed variance (File No. 0142538-013-BV) from Rule 62-4.244(5)(c), F.A.C., would temporarily establish expanded mixing zones at the dredging sites that extend 300 meters down current from the turbidity source, or to the edge of the nearest seagrass bed, whichever is closer.

The requested variance from the anti-degradation provisions in Rule 62-4.242(2)(a)2.b., F.A.C., would establishes a maximum allowable turbidity level of 10 NTUs above background for work within OFW.

PROJECT LOCATION:

The dredge sites are located within Wiggins Pass, South Channel, Water Turkey Bay navigational channel and the Gulf of Mexico. The nearshore and beach disposal sites are located north of the inlet, between DEP Reference monuments R-12 to R-15.5, and south of the inlet, between R-18 and R-20. The ebb shoal disposal area is located offshore of Wiggins Pass, www.floridadep.gov approximately 300-1000 feet north of the authorized inlet channel. The Flood Shoal Disposal Area is a portion of the meandered channel, located within Wiggins Pass, on the northern side of the new channel. The entire project is located in Collier County, Sections 17 and 20, Township 48 South, Range 25 East, Gulf of Mexico, Class III Waters. Portions of the project are within Outstanding Florida Waters associated with Barefoot Beach Preserve, Delnor-Wiggins Pass State Park and Wiggins Pass Estuarine Area and Cocohatchee River System.

PROPRIETARY AUTHORIZATION:

This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands held in trust by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Board of Trustees delegated, to the Department, the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18-21.0051, F.A.C., and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. This proprietary authorization has been reviewed in accordance with Chapter 253, F.S., Chapter 18-21 and Section 62-330.075, F.A.C., and the policies of the Board of Trustees.

The Department has also determined that the maintenance dredging and the disposal of dredged material (both nearshore and on-beach) activities qualify for a Letter of Consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted , pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands.

COASTAL ZONE MANAGEMENT:

This permit constitutes a finding of consistency with Florida’s Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

WATER QUALITY CERTIFICATION:

Granting the associated variance to the antidegradation provisions in Rule 62- 4.242(2)(a)2.b., F.A.C., authorizes the Permittee to exceed state water quality standards.

Therefore, the Department hereby waives water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341.

OTHER PERMITS:

Authorization from the Department does not relieve you from the responsibility of obtaining other permits (Federal, State, or local) that may be required for the project. When the Department received your permit application, a copy wassent to the U.S. Army Corps of Engineers (Corps) for review. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date that your application was received by the Department, contact the nearest Corps www.floridadep.gov regulatory office for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

AGENCY ACTION:

The above named Permittee is hereby authorized to construct the work that is outlined in the Project Description and Project Location of this permit and as shown on the approved permit drawings, plans and other documents attached hereto. This agency action is based on the information submitted to the Department as part of the permit application, and adherence with the final details of that proposal shall be a requirement of the permit. This permit and authorization to use sovereign submerged lands are subject to the General Conditions, General Consent Conditions and Specific Conditions, which are a binding part of this permit and authorization. Both the Permittee and their Contractor are responsible for reading and understanding this permit (including the permit conditions and the approved permit drawings) prior to commencing the authorized activities, and for ensuring that the work is conducted in conformance with all the terms, conditions and drawings.

GENERAL CONDITIONS:

Chapter 62B-49, F.A.C., was revised in 2015, and that included a new set of General Conditions for Joint Coastal Permits. Therefore, the old set of General Conditions in this permit shall be replaced with the new General Conditions, as follows (underlines replace the previous text):

1. All activities authorized by this permit shall be implemented as set forth in the project description, permit drawings, plans and specifications approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required pursuant to Rule 62B-49.008, F.A.C.

2. If, for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; and, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

3. This permit does not eliminate the necessity to obtain any other applicable licenses or permits that may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project that are not addressed in this permit.

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4. Pursuant to Sections 253.77 and 373.422, F.S., prior to conducting any works or other activities on state-owned submerged lands, or other lands of the state, title to which is vested in the Board of Trustees, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees shall not be considered received until it has been fully executed.

5. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise.

6. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. The issuance of this permit does not convey any vested rights or any exclusive privileges.

7. This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

8. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

9. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date and an affirmative statement that the permittee and the contractor, if one is to be used, have read the general and specific conditions of the permit and understand them.

10. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, shipwreck remains or anchors, dugout canoes or other physical remains that could be associated with Native American cultures, or early Colonial or American settlement are encountered at any time within the project site area, the permitted project www.floridadep.gov shall cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)245- 6333 or (800)847-7278, as well as the appropriate permitting agency office. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, F.S.

11. Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on as-built drawings electronically submitted to the Department, by email at JCPCompliance@dep.state.fl.us.

GENERAL CONSENT CONDITIONS:

1. Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.

2. Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.

4. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources.

5. Construction, use or operation of the structure or activity shall not adversely affect any species that is endangered, threatened or of special concern, as listed in Rules 68A- 27.003, 68A-27.004 and 68A-27.005, F.A.C.

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6. Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision.

7. Structures or activities shall not create a navigational hazard.

8. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident or fire.

9. Structures or activities shall be constructed, operated and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(f), F.A.C., or any other applicable law.

SPECIFIC CONDITIONS:

1. Work under this permit shall utilize the associated Variance (File No. 0142538-013-BV, issued January 2, 2013), which allows variance from the antidegradation provisions in Rule 62-4.242(2)(a)2.b., F.A.C., to establish a maximum allowable turbidity level above background for work within Outstanding Florida Waters (OFW) for this project.

2. All reports or notices relating to this permit shall be emailed to the Department’s JCP

Compliance Officer (e-mail address: JCPCompliance@dep.state.fl.us) unless otherwise specified in the specific conditions of this permit.

3. The Permittee shall not store or stockpile tools, equipment, materials, etc., within littoral zones or elsewhere within surface waters of the state without prior written approval from the Department. Storage, stockpiling or access of equipment on, in, over or through seagrass (or other aquatic vegetation) beds or wetlands is prohibited unless within a work area or ingress/egress corridor specifically approved by this permit. Anchoring or spudding of vessels and barges within beds of aquatic vegetation or over hardbottom areas is also prohibited.

4. The Permittee shall not conduct project operations or store project-related equipment in, on or over dunes, or otherwise impact dune vegetation, outside the approved staging, beach access and dune restoration areas designated in the permit drawings.

5. No work shall be conducted under this permit until the Permittee has received a written notice to proceed from the Department for each event. At least 45 days prior to the requested date of issuance of the notice to proceed, the Permittee shall submit a written request for a Notice to Proceed and the following items for review and approval by the Department:

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a. Final plans and specifications: The Permittee shall provide an electronic copy of the detailed final construction plans and specifications for this project. The plans and specifications must be consistent with the project description of this permit and the approved permit drawings, and shall also be certified by a professional engineer (P.E.), who is registered in the State of Florida. The Permittee shall point out any deviations from the project description or the approved permit drawings, and any significant changes would require a permit modification. The plans and specifications shall be accompanied by a letter indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated sites that will be used (such as a disposal or re-use location) and appropriate contact information for those facilities and the drawings and surveys shall show all biological resources and work spaces (e.g., anchoring areas, pipeline corridors, staging areas, boat access corridors, etc.) to be used for this project. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit;

b. Turbidity monitoring

i. Qualifications: The Permittee shall provide the names and qualifications of those individuals who will be performing the turbidity monitoring, along with 24-hour contact information. In order to assure that turbidity levels do not exceed the compliance standards established in this permit, construction at the project site shall be monitored closely by an independent third party (not associated with the construction contractor) with formal training in water quality monitoring and professional experience in monitoring turbidity for coastal construction projects. This individual shall have the authority to alter construction techniques or shut down the construction operations if turbidity levels exceed the specified turbidity standards; and

ii. A Scope of Work for the turbidity monitoring to ensure that the right equipment is available to conduct the monitoring correctly at any location, and under any conditions;

iii. Draft turbidity sampling map. An example of the geo-referenced map that will be provided with turbidity reports, including aerial photography and the boundaries of biological resources and/or OFW (pursuant to Specific Condition 27).

c. The distribution of maintenance dredged material as proposed in the final construction plans and specifications for each four-year maintenance dredging event of the Wiggins Pass navigational channel shall be accompanied by a detailed www.floridadep.gov analysis and supporting computations of shoreline and volumetric changes of the inlet and adjacent beaches. The analysis shall identify cumulative changes since the initial navigation improvements. The maintenance dredged material shall be distributed into one or more of the approved disposal areas in order to first offset any adverse effects on the adjacent shorelines, and second to balance the sediment budget between the inlet shoals and adjacent shorelines. This analysis is not required for interim maintenance dredging events of 10,000 cubic yards or less; during which dredged material may be placed in the nearshore disposal areas immediately adjacent to the inlet, and the ebb shoal or flood shoal disposal areas, that best facilitates navigation and inlet stability. This does not preclude placement of interim maintenance dredged material in the onshore disposal areas based upon the most recent annual physical monitoring data.

d. Documentation from the U.S. Fish and Wildlife Service (FWS) that this work will be covered under a Statewide Programmatic Biological Opinion or a Biological Opinion (BO) issued for construction on this project site. If the BO contains conditions that are not contained herein, and the Department or FWC determines that those additional conditions would be needed for this project, the Notice to Proceed will not be issued until the permit has been modified to include those additional conditions.

e. Geotechnical Requirements:

i. For maintenance events following the initial channel expansion: Submittal of a Maintenance Dredging Sediment QA/QC plan shall be submitted with the final construction plans and specifications for subsequent maintenance dredging activities that include beach disposal., This QA/QC plan shall that includes compliance values consistent with Rule 62B-41.007(2)(k), F.A.C.

ii. Prior to each subsequent maintenance event of Water Turkey Bay (subsequent to the initial 2019 maintenance event conducted under this permit), sediment samples from those portions of Water Turkey Bay that will be dredged for the upcoming event shall be collected and analyzed by the Permittee. The samples, the analyzed data and a summary of the analysis shall be submitted to the Department for confirmation and approval that the material meets the requirements for placement in the desired disposal area (whether nearshore or on beach). If the results of the sediment analysis indicate that the dredged material does not meet the requirements of Chapter 62B-41.007(2)(j), F.A.C., then the material shall be placed in the nearshore placement area. If the results of the sediment analysis indicate that the dredged material is not nearshore compatible, then the Permittee shall provide a letter of confirmation, providing assurances that the material to be dredged will be disposed of in an appropriate upland disposal area. Note: If beach placement is proposed, the Permittee shall www.floridadep.gov submit a Sediment QA/QC plan for review along with the sediment analyses from the dredge area, see specific condition 5ei above.

f. Benthic Resource Monitoring

i. Qualifications. To ensure that individuals conducting monitoring of benthic resources have appropriate qualifications, documentation demonstrating expertise / experience in surveying the types of benthic resources that are present in the project, including hardbottom and submerged aquatic vegetation (SAV), shall be provided to the Department for review prior to the initiation of monitoring tasks. The Department will review this information and will provide written comments regarding any perceived deficits in qualifications or experience.

ii. Pre-construction SAV survey results. An assessment of SAV located within the influence of construction activities shall be completed during the summer (June – September) immediately prior to each construction event in accordance with Specific Condition 30. Surveys conducted by the local sponsor, their contractors, or third parties, may be submitted by the Permittee to meet this requirement. The Permittee shall provide the Department with a Summary of Existing Information on SAV Resources based on the desktop assessment, a geo-referenced Map of SAV Resources showing the current boundaries of all SAV beds, and the results of the Pre-Construction Survey with a narrative description of the current condition of SAV resources, and all raw data that were compiled or produced in association with these deliverables. The Permittee shall also provide documentation (e.g., email correspondence) verifying that their contractor has received the Map of SAV Resources and Pre-Construction Survey results and that the contractor has been instructed by the Permittee to use this information to ensure turbidity samples are taken at appropriate locations and to avoid impacts to SAV resources in the project area (pursuant to Specific Conditions 25, 27, 30, and 31).

iii. Pre-construction hardbottom survey results. Prior to the first construction event (subsequent to the issuance date of Modification 0142538-015-JN) in which beach compatible material will be placed onshore or in the nearshore area along the Delnor-Wiggins shoreline (R-18 to R-20), a complete baseline (pre-construction) nearshore hardbottom survey, as specified in the approved Hardbottom Biological Monitoring Plan, shall be conducted in the area south of the Pass. The results of this baseline survey (raw data submission) shall be provided to the Department prior to the issuance of the Notice to Proceed.

6. Pre-Construction Conference. Prior to each construction event, the Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring www.floridadep.gov requirements of this permit with the Permittee's contractors, the engineer of record, those responsible for turbidity monitoring, the Compliance Officer (or designated alternate), the Marine Turtle Monitor (Marine Turtle Permit Holder), the Bird Monitors, and staff representatives of the Florida Fish and Wildlife Conservation Commission (FWC). FWC recommends that you also include staff representatives of the U.S. Fish and Wildlife Service (FWS). In order to ensure that appropriate representatives are available, at least twenty-one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below:

DEP, JCP Compliance Officer e-mail: JCP Compliance@dep.state.fl.us

DEP, Division of Recreation and Parks Coastal Project Coordinator phone: 850-245-3170 e-mail: Marshall.Flake@dep.state.fl.us

Delnor-Wiggins State Park - Park Manager Phone: 239-597-6196 239-253-6143 e-mail: Zachary.Lozano@dep.state.fl.us Terrance.K.T.Torvund@dep.state.fl.us

DEP, South District Office e-mail: SouthDistrict@dep.state.fl.us

FWC, Imperiled Species Management Section e-mail: marineturtle@myfwc.com

FWC Regional Species Conservation Biologist Contact list:

http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/

The Permittee is also advised to schedule the pre-construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the preconstruction conference, the Permittee shall provide written notification, advising the participants (listed above) of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number.

7. Protection of Historical Resources. If sand is to be placed on the beach of Delnor

Wiggins State Park, then the following conditions apply for the protection of historical resources:

a. Because of the lack of site information for 8CR970, Delnor Wiggins Pass State Park

Site, the Division of Historical Resources requires that a Phase II level cultural www.floridadep.gov resource site assessment be conducted at the recorded site location to determine if the site is an archaeological site or an isolated find. In the case of an archeological site, sufficient testing should be conducted to determine the extent of the site, the eligibility for listing in the National Register of Historic Places, and /or if it is otherwise of archaeological value. This must occur before any sand can be placed at this location.

b. If there is an archaeological resource, and this site is determined to meet National

Register criteria, or is otherwise of archaeological value, further consultation with the Division of Historical Resources, the Department’s Beaches, Inlets and Ports program and Delnor Wiggins Pass State Park cultural programs must occur to determine measures to avoid and/or minimize any effects to the site.

c. Site 8CR218, Wiggins Pass Wreck South, must be located, GPS coordinates obtained, and the depth of deposits determined. The extent of the historic wreck site and an adequate buffer area should be clearly delineated on all project maps and on the ground during construction. This site must be avoided during beach nourishment activities associated with this permit, due to the nature and location of the site making it unable to be investigated, as well as the possibility that this site may be eligible for listing in the National Register. This includes all ground disturbing activities and heavy equipment operation associated with the initial placement of dredge material on the beach, and the subsequent annual tilling required a month prior to turtle nesting season.

8. Additional Coastal Engineering Condition. After the dredging Subarea D (channel realignment through the flood shoal, between C-3 and C-16) is completed, the Contractor shall be allowed to begin work in multiple subareas and to alternate between subareas.

Once the Permittee/Owner’s Representative authorizes removal of the unsuitable material to begin from within a specified subarea (i.e., dredging of the suitable material has reached the threshold elevation), no additional material from within the specified subarea shall be allowed for beach or nearshore placement from that subarea.

Material designated for beach, nearshore, ebb and flood shoal placement, as shown in the permit drawings, may be pumped directly to the respective placement site. The material designated for offshore disposal shall be placed in a barge for transport to the offshore disposal site at Borrow Area 6.

A threshold elevation is identified for each subarea that contains clay, peat, silty sand (with silt content exceeding the sand standards in Rule 62B-41.007(2)(j), F.A.C.), or rock material. The Contractor shall be provided a tolerance above the threshold elevation for excavating material for beach or nearshore placement. The tolerance shall serve as a transition layer (overdredge allowance) between the material designated for beach or nearshore placement and the material that must be disposed as unsuitable material. The www.floridadep.gov threshold elevation shall serve as a definitive line between the unsuitable material and the tolerance.

9. Sediment quality shall be assessed as outlined in the Sediment QA/QC plan dated July 3, 2012 (attached) for the initial construction. Any occurrences of placement of material not in compliance with the Plan shall be handled according to the protocols set forth in the Sediment QA/QC plan. The sediment testing result will be submitted to the Department within 90 days following the completion of beach construction. The Sediment QA/QA plan includes the following:

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

b. The Permittee shall submit post-construction sediment testing results and an analysis report as outlined in the Sediment QA/QC plan to the Department within 90 days following beach construction. The sediment testing results shall be certified by a P.E.

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

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

Prior to each maintenance dredge event, the sediment quality of the material to be dredged (after the initial dredge event) must be determined. The material must be tested and reviewed for beach compatibility. A Maintenance Dredging Sediment QA/QC plan shall be submitted with the final construction plans and specifications for subsequent maintenance dredging activities that includes placement on the beach, and it shall include compliance values that are consistent with Rule 62B- 41.007(2)(k), F.A.C.

Manatee, Marine Turtle, and Shorebird Protection Conditions

10. During all construction authorized by this permit and subsequent to authorization of incidental take by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (Service) in accordance with Florida Statute 161.041 (5), 379.2431 (1), www.floridadep.gov the Permittee shall comply with the following conditions intended to protect manatees, marine turtles and shorebirds from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of marine turtles, manatees and manatee speed zones, and the need to avoid collisions with (and injury to) these protected marine species. The Permittee/Contractor 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, the Marine Turtle Protection 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 (if used) shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid entanglement or entrapment. Barriers shall not impede manatee or marine turtle movement or travel.

d. All on-site project personnel are responsible for observing water-related activities for the presence of marine turtles and manatee(s). All in-water operations, including vessels, shall be shutdown if a marine turtle or manatee comes within 50 feet of the operation. Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

e. Any collision with (or injury to) a marine turtle or manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922, and to FWC at ImperiledSpecies@myFWC.com. Any collision with (and/or injury to) a marine turtle shall also be reported immediately to the Sea Turtle Stranding and Salvage Network (STSSN) at SeaTurtleStranding@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 shall be used. One sign which reads “Caution: Boaters – Watch for Manatees” shall be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations shall be posted in a location prominently visible to all personnel engaged in water-www.floridadep.gov related activities. Two of these signs are attached, and these signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myFWC.com.

Fish and Wildlife Protection Conditions for Dredging Activities:

11. Hopper Dredging. In the event a hopper dredge is utilized, the following requirements shall be met in addition to the Terms and Conditions of the applicable NMFS Regional Biological Opinion for Hopper Dredging (South Atlantic or Gulf of Mexico):

a. Handling of captured marine turtle(s) during hopper dredging activities shall be conducted only by persons with prior experience and training in these activities, and who are duly authorized to conduct such activities through a valid Marine Turtle Permit issued by the Florida Fish and Wildlife Conservation Commission (FWC), pursuant to Chapter 68E-1, Florida Administrative Code (FAC).

b. In order to minimize impingement or entrainment of marine turtles within the water column, dredging pumps shall be disengaged by the operator, or the draghead bypass valve shall be open and in use when the dragheads are not firmly on the bottom. This precaution is especially important during the cleanup phase of dredging operations.

c. A state-of-the-art rigid deflector draghead must be used on all hopper dredges in all channels at all times of the year.

d. The Sea Turtle Stranding and Salvage Network (STSSN) Coordinator shall be notified at 1-904-573-3930 or via e-mail at Allen.Foley@myfwc.com of the startup and completion of hopper dredging operations. In the event of capturing or recovering marine turtles or marine turtle parts, the STSSN should be contacted at seaturtlestranding@myfwc.com.

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12 Trawling. If relocation trawling or non-capture trawling for marine turtles is required as per applicable National Marine Fisheries Service Biological Opinions and Incidental Take authorizations, the following is required:

a. Any activity involving the use of nets to harass and/or to capture and handle marine turtles in Florida waters requires a Marine Turtle Permit from FWC.

b. The Permittee or their contractor shall e-mail (MTP@MyFWC.com) weekly reports to the FWC’s Imperiled Species Management section on Friday each week that trawling is conducted in Florida waters. These weekly reports shall include: the species and number of turtles captured in Florida waters, their general health, and release information. A summary of all trawling activity (including non-capture trawling) shall be submitted to MTP@myfwc.com by January 15 of the following year, or at the end of the project. The summary shall be provided on the FWC-provided Excel spreadsheet (available at http://myfwc.com/media/3168/trawl-report-template.pdf ), and shall list all turtles captured in Florida waters, the measurements of all captured turtles, the location of captures (latitude and longitude in decimal degrees), the location of tow start-stop points (latitude and longitude in decimal degrees), and times for the start-stop points of the tows (including tows when no turtles are captured).

13. Beach Related Activities. The Permittee shall adhere to the following requirements for all beach-related activities:

a. Beach Driving. All vehicles shall be operated in accordance with the FWC’s Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/). Specifically, the vehicle shall be operated at a speed <6 mph, and run at or below the high-tide line. All personnel associated with the project shall be instructed about the potential presence of shorebirds and marine turtles, and the need to avoid Take of (including disturbance to) these protected species.

b. Beach Maintenance. All debris, including derelict coastal armoring material, concrete and metal shall be removed from the beach to the maximum extent practicable prior to any placement of construction material on the beach. If debris removal activities will take place during protected species nesting seasons, the work shall be conducted during daylight hours only, and shall not commence until completion of daily monitoring surveys each day. If flightless shorebird young are present within or adjacent to the work zone or equipment travel corridor, a Shorebird Monitor shall be present during the operation to ensure that equipment does not operate within 300 feet of the flightless young. It is the Permittee’s responsibility to have their Contractor ensure that no chicks are in the path of the moving vehicle, and www.floridadep.gov that the equipment leaves no tracks capable of trapping flightless chicks. All excavations and temporary alteration of beach topography shall be filled or leveled to the natural beach profile prior to 9:00 p.m. each day. The beach surface shall be inspected subsequent to completion of the project, and all tracks or impressions left by construction equipment on the beach shall be removed.

c. Equipment Storage and Placement. Staging areas for construction equipment shall be located off the beach, if off-beach staging areas are available. Nighttime storage of construction equipment that is not in use shall be located off the beach to minimize disturbance to shorebird and marine turtle nesting and hatching activities.

In addition, all construction pipes that are placed on the beach shall be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. Pipes placed parallel to the dune shall be 5 to 10 feet away from the toe of the dune. Temporary storage of pipes shall be located off the beach to the maximum extent possible. If it will be necessary to extend construction pipes past a known shorebird nesting site, or over-wintering area for piping plovers, then whenever possible, those pipes shall be placed landward of the site before birds are active in that area. No pipe or sand shall be placed seaward of a shorebird nesting site during the shorebird nesting season.

14. Shorebird Monitoring. The Permittee shall comply with the following shorebird monitoring requirements:

a. Shorebird surveys shall be conducted by trained, dedicated individuals (Bird Monitor), with proven shorebird identification skills and avian survey experience.

b. Selection of Bird Monitors. A list of Bird Monitors shall be provided to the FWC, along with their contact information and a summary of their qualifications, including bird identification skills and avian survey experience. This information shall be submitted to the FWC Regional Biologist (see contacts available at http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/) for review and consultation prior to any construction or shorebird surveys. Bird Monitors shall meet the following minimum qualifications.

i. Ability to identify all species of beach-nesting birds that nest in the project area by sight and sound.

ii. Ability to identify breeding/territorial behaviors, and find nests of shorebirds and seabirds that occur in the project area.

iii. Ability to identify habitats preferred by shorebirds and seabirds nesting in the project area www.floridadep.gov

iv. Completed full introductory course training (online or webinar) on the Breeding Bird Protocol for Florida’s Seabirds and Shorebirds, including training in data entry. Training resources can be found on the Florida Shorebird Database website (https://public.myfwc.com/crossdoi/shorebirds/index.aspx).

v. Familiar with FWC beach driving guidelines:

www.myfwc.com/conservation/you-conserve/wildlife/beach-driving.

vi. Annually completes refresher course training (online or webinar) for the Breeding Bird Protocol for Florida’s Seabirds and Shorebirds, including training in data entry.

vii. Previously participated in beach-nesting bird surveys associated with FWC, Audubon or FWS in Florida (please provide references).

viii. Experience posting beach-nesting bird sites, consistent with Florida Shorebird Alliance (FSD) Guidelines (http://flshorebirdalliance.org/resources/instructions-manuals.aspx).

ix. Registered contributor to the Florida Shorebird Database.

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

d. Breeding season varies by species and region. Most species have completed the breeding cycle by September 1, but flightless young may be present through September. Based on the best available information regarding ranges and habitat use by species around the state breeding season in Collier County extends from February 15 to September 1. Please see Shorebird Nest dates at http://myfwc.com/media/2972075/ShorebirdCountyAssignments.pdf.

e. Surveys during the breeding season shall begin on the first day of the breeding season, or 10 days before any site work begins, whichever is later. Surveys shall be conducted through August 31, or until all breeding activity has concluded, whichever is later. However, if construction is completed before the end of the shorebird breeding season, weekly shorebird surveys shall be conducted until all nesting activity has concluded. If no nesting has been initiated on site prior to July 15, nesting surveys may be concluded on or after that date.

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f. During the breeding season, the Bird Monitor(s) shall survey all potential beach-nesting bird habitats that may be affected by construction or pre-construction activities. The Bird Monitor(s) shall establish one or more shorebird survey routes in the FSD website to cover these areas.

g. During the pre-construction and construction phases of the project, the Bird

Monitor(s) shall complete surveys on a daily basis to detect breeding activity and the presence of flightless chicks before (1) equipment is moved to the area, (2) vehicles are operated in the area, and (3) any other activities occur that have the potential to disrupt breeding behavior or cause harm to the birds, their eggs or their young. Once construction is completed and all personnel and equipment have been removed from the beach, surveys may be conducted at weekly intervals. If no nesting has been initiated on site prior to July 15, surveys may be concluded on or after that date.

h. The Bird Monitor(s) shall survey the project area by walking and looking for evidence of (1) shorebirds exhibiting breeding behavior, (2) shorebird chicks, or (3) shorebird juveniles, as outlined in the FSD’s Breeding Bird Protocol for Shorebirds and Seabirds. The Bird Monitor(s) shall use binoculars for these surveys.

i. If an ATV or other vehicle is needed to cover large project areas, operators shall adhere to the FWC’s Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/).

Specifically, the vehicle shall be operated at a speed under 6 mph, and only on beaches at or below the high-tide line. The Bird Monitor(s) shall stop at no greater than 200-meter intervals to look for breeding activity.

j. Once the Bird Monitor(s) confirms that birds are breeding, as…