Appendix_4_-_Special_Notices.pdf

SPECIAL NOTICES

P.I.D. No. 004607A

GRAND CANAL MAINTENANCE DREDGING PROJECT

In Pinellas County, Florida

Access, Work Area And Storage Areas

General The general location and extent of access and work area is indicated in the Plans. The use of multiple access points should be minimized as much as practicable. The CONTRACTOR shall assess access and storage needs prior to making their bid and is responsible for removing existing vegetation, fencing and other impediments, as necessary, to perform the Work, and shall coordinate all activities with the ENGINEER. The CONTRACTOR shall restore those areas to the pre-construction conditions at the cost of CONTRACTOR.

Land Access to the Disposal Area Project Site Ingress and egress access to the disposal area project site is restricted to Gulf Way. The

CONTRACTOR is responsible for adhering to all weight and traffic regulations on all roadways.

Land access to the project area is at Pass-A-Grille Beach. Two construction staging and access areas for construction are shown on the Plans: west of Gulf Way at 1st Avenue and the westward end of 22nd Avenue. It is the responsibility of the CONTRACTOR to determine, prior to construction which access is required for the duration of the project construction and include this in the Transport, Storage and Access Plan.

Refer to Site Restoration, Section 800-1700, for restoration related to the land access to the project site.

Water Access to the Project Site The CONTRACTOR may deliver equipment, materials and personnel by barge. The

CONTRACTOR shall not leave the barge, vessels, or any other floating equipment unattended.

Boat traffic in the near vicinity of the project site will consist primarily of pleasure or commercial fishing boats. Ocean-going cargo vessels may be encountered offshore of the project site. The CONTRACTOR shall follow the permit required lighting restrictions during sea turtle nesting season.

Local Inlets, Waterways, and Ports The disposal area is located on the Gulf of Mexico and is bordered to the south by Pass-A-

Grille Channel. The site can be accessed via Blind Pass to the north and Pass-A-Grille Channel to the south. The dredge area is located in Grand Canal. All inlets, waterways, and ports are used at the CONTRACTOR'S own risk.

Navigation

The CONTRACTOR shall conduct their operations in accordance with all applicable local, State, and Federal regulations pertaining to marine transport and construction activities. The CONTRACTOR shall perform the Work in such a manner as to minimize any obstruction to navigation and/or maintenance of the waterway, or a navigation hazard. Upon completion of the Work, the CONTRACTOR shall promptly remove the equipment, as well as ranges, buoys, piles and any other marks or objects placed in navigable waters or on shore. The CONTRACTOR shall be responsible for all notifications required for their marine activities undertaken in regard to construction of the Work, including but not limited to possible coordination with the U.S. Coast Guard (including publication of a Notice to Mariners), the State of Florida, and the COUNTY, as may be required. Copies of all Notice to Mariners shall be submitted to the ENGINEER.

Staging Areas

The staging areas provided by the COUNTY are shown in the Plans. Staging areas shall be within or joined to the active construction area in order to limit the traffic on the open beach. The staging areas shall be utilized to their maximum extent before occupying a second staging area.

The CONTRACTOR may use a second staging area if the primary staging area is fully utilized or for storage of temporary equipment or materials. The CONTRACTOR shall cordon off and/or fence the staging area to secure the area from the public and post signage. The CONTRACTOR shall use a six (6) foot high chain link fence or similar. The staging areas shall be kept neat, orderly and in a safe manner. The staging areas must be restored upon project completion at the cost of the CONTRACTOR. If additional staging areas are available, they shall be procured by, and at the expense of, the CONTRACTOR.

Public Access

The CONTRACTOR shall accomplish the Work in such a manner so as to minimize disruption to road traffic or the use of the beach. It is the CONTRACTOR’s responsibility to exclude the public for safety purposes from the work areas. The CONTRACTOR will minimize the areas closed to the public to what is required to safely conduct the Work. The CONTRACTOR shall fence/cordon off pedestrian corridors and signage to direct the public around and/or away from the active construction area, designated travel corridors and staging areas. Flag people or off duty law enforcement shall be stationed at every intersection and point of pedestrian crossing along Gulf Way beach during equipment mobilization and demobilization.

If the CONTRACTOR’s travel corridor crosses an open pedestrian access from the parking lot to the beach, the CONTRACTOR shall utilize flag people to direct equipment and public traffic to maintain safety.

If the CONTRACTOR is not able to keep and maintain the public at a safe distance from construction activity, the CONTRACTOR is to notify the ENGINEER and request assistance in controlling public access.

Safety Personnel Requirement

The CONTRACTOR shall have at the project site a permanent Safety and Occupational Health person (Safety Officer) whose sole and dedicated role is to manage the CONTRACTOR's accident prevention program. The Safety Officer shall be on duty during any Work of a complex nature including, but not limited to, the relocation of utilities; transport of materials; movement of equipment; work on or around structures; or when other potentially hazardous activities are occurring. The Safety Officer shall report to and work directly for the CONTRACTOR's superintendent or the corporate safety office. The Safety Officer shall have the authority to take immediate steps to correct unsafe or unhealthful conditions. The presence of the Safety Officer will not abrogate safety responsibilities of all other personnel.

Public Safety The CONTRACTOR shall provide and maintain barricades, warning signals, and a flag person as required by local, State or Federal regulations or as required at the discharge site to ensure public safety. If the CONTRACTOR is not able to keep and maintain the public at a safe distance from construction activity, the CONTRACTOR is to notify the COUNTY and request assistance in controlling public access to the active construction site.

Pre-Construction Video and Damages to Existing Structures The CONTRACTOR shall be responsible for determining and documenting the pre-construction condition of existing structures and vegetation located within the disposal area, and for performing a post-construction verification inspection of those structures previously inspected.

Pre-construction structure condition documentation will include video and/or photographic documentation of all structures. Copies of the pre-construction structure condition video and or photography will be provided to the COUNTY prior to the start of construction. The CONTRACTOR shall assume all responsibility for damages to existing structures within and bordering the project boundaries as a result of construction activities. This includes, but is not limited to, damages as a result of equipment impact and vibration due to operation of equipment.

Vibration Impact Distance (VID) The CONTRACTOR or their vibration control specialist shall be responsible for determining the minimum distance from existing structures that vibration producing equipment may safely operate without causing damages to structures. Only the CONTRACTOR’s construction equipment, which could create vibrations sufficient to damage structures, should be considered in this determination. For construction, the VID may change for different areas of the project work depending on local area and structure conditions as determined by the CONTRACTOR. Factors to be considered in setting the minimum safe distance and VID for the project area include but are not limited to: (1) local foundation conditions; (2) changes in structural loads and water levels due to disposal area placement; (3) structural foundation design; (4) structural condition including construction materials and existing stresses; and (5) magnitude, frequency, and duration of predicted vibrations. The CONTRACTOR shall consider any other factors, in addition to those listed, which may affect the structures due to vibration. The CONTRACTOR shall assume all responsibility for damages to existing structures within and bordering the project boundaries as a result of project activities.

Post-Construction Structural Inspection/Evaluation

After completion of Work, the CONTRACTOR shall be responsible for conducting a post-construction inspection/evaluation of structures and vegetation. Documenting procedures shall be identical to those performed under the pre-construction inspection/evaluation. Any changes or deviation from the pre-construction conditions in any structure or vegetation shall be identified and described clearly in the inspection documentation. The CONTRACTOR shall be responsible for remedying any damage resulting from construction activities to any structural features adjacent to the project. Copies of all documentation shall be provided to the COUNTY within seven (7) days of the post-construction inspection/evaluation.

Dredging and Beach Placement

General The Work covered in this section consists of furnishing all plant, labor, equipment, tools, supplies and material, and of performing all operations and surveys in connection with the dredging of Grand Canal Channel, located east of Shell Key, with material placement on the Pass- A-Grille Beach disposal area in accordance with the Plans and Specifications. The Grand Canal Deposition Basin is shown in the Construction Plans and throughout these Technical Specifications for reference only but will not be used in this project. 2

Shell Key and Grand Canal are in the southern portion of Pinellas County, Florida. Over the course of decades, Shell Key developed from the relict shoals of the historic Pass-A-Grille inlet system into a natural island, which has been managed by Pinellas County (COUNTY) since 2000 as the Shell Key Preserve (Preserve). As the island has been evolving and migrating landward, sediment moving eastward along the northern shoreline of the Preserve closed the former Shell Key North Pass (North Pass) and has started to shoal in the adjacent areas of Grand Canal, which has become a concern to local businesses, residents, and COUNTY officials.

This project will consist of the maintenance dredging of Grand Canal with placement of dredged material within the Pass-A-Grille beach disposal area (in the vicinity of R-164) that is permitted as the federal Treasure Island and Long Key Beach Nourishment Project. The Grand Canal Dredge Channel is in Pinellas County Section 20, Township 32 South, Range 16 East, and located in waters designated as Class III Waters, Pinellas County Aquatic Preserve, Outstanding Florida Waters (OFW).

The CONTRACTOR shall be expressly aware of the location and dynamic nature of these project sites. The beaches are major tourist attractions and are highly utilized by tourists and residents throughout the year. Throughout the project, the CONTRACTOR shall put forth the utmost care and attention to public safety and maintaining a clean and organized site free from the accumulation of debris.

Bid quantities and placement area may change based on pre-construction survey conditions:

bathymetry, beach, and submerged aquatic vegetation (SAV). Changes will be limited to the maximum permitted limits.

The aerial photography and survey conditions on the permit sketches and/or plans may not be representative of conditions at the time of construction and shall not be solely relied upon for estimating the Work. A non-mandatory site visit is recommended prior to bidding such that the potential CONTRACTOR can gain a better understanding of the site.

FDEP and USACE Permits

The COUNTY has obtained the Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (USACE) permits for this project. Copies of FDEP Permit No.

0221569-020-JM and USACE Permit No. SAJ-2020-03722 (SP-EWP) are included in the contract documents and provided in Appendix A. The CONTRACTOR shall comply with all conditions of the permits.

Additional Permits

The CONTRACTOR is solely responsible for obtaining, at their cost, all other approvals for conducting the Work. This includes, but is not limited to, any and all roadway permits, customs clearances, and business licenses required to conduct the Work.

Construction Window

Construction may occur during seabird and shorebird breeding season and sea turtle nesting season, but special conditions shall apply. For the purpose of this Work, breeding and nesting seasons are defined in the FDEP permit. Seabird and shorebird breeding season is February 15 - September 1 of every year. Sea turtle nesting season is May 1 through October 31 of every year.

For Work conducted during breeding and nesting seasons, the CONTRACTOR shall comply with the measures listed in the permits provided in Appendix A. The requirements applying to Work during breeding and nesting seasons are solely the CONTRACTOR’S responsibility. The CONTRACTOR should familiarize themselves with these conditions and all project permits prior to bidding. The CONTRACTOR shall also provide a sea turtle monitor, who is a designated permit holder, to conduct all permit-required sea turtle monitoring and nest relocation for the project.

Prosecution of Work

Work may be conducted continually as conditions allow 24 hours per day and 7 days per week.

Beach Fill Nighttime Operations Nighttime is defined as the period of time from sunset to sunrise. During nighttime beach fill operations, the CONTRACTOR shall utilize the minimum lighting that is necessary to accomplish the work and comply with all OSHA and permit sea turtle protection requirements. The CONTRACTOR shall shield or orient the lights to minimize the amount of light to the work area.

The CONTRACTOR shall minimize noise, so as not to disturb residents living along the beach in the project area. Beach tilling and re-dressing will be limited to daylight hours only. The CONTRACTOR is strongly encouraged to conduct required heavy equipment beach work during daylight hours only to the maximum extent feasible

During seabird and shorebird breeding season and sea turtle nesting season, the

CONTRACTOR shall not initiate Work until daily notice has been received from the designated and approved wildlife monitor. Further, during marine turtle nesting season the CONTRACTOR shall not advance the beach fill more than 500 feet along the shoreline between dusk and the following day, until the daily nesting survey has been completed and the beach has been cleared for fill advancement, unless the marine turtle permit holder is on-site, per the FDEP Permit No.

0221569-020-JM, Specific Condition 20. Note that at certain times of the year nighttime occurs before 7:00 PM. Refer to FDEP Permit No. 0221569-020-JM and USACE Permit No. SAJ-2020- 03722 (SP-EWP) provided in Appendix A for more details.

Submittals and Notifications The CONTRACTOR will provide the following submittals and notifications at a minimum to the ENGINEER at the appropriate times:

1. Contact List

2. List of Subcontractors

3. Construction Progress Schedule

4. Turbidity Monitor Qualifications

5. Qualification of Environmental Monitoring Personnel

6. Pre-construction Condition Video and Photos

7. Request for Clarification of Interpretation of Contract Documents

8. Survey and Layout Plan

9. Notice to Mariners

10. Notice of Construction to Adjacent Properties

11. Erosion Control Plan

12. Quality Control Plan

13. Health and Safety Plan

14. Emergency Action Plan for break or rupture of dredge pipeline

15. Vessel Safety Plan

16. Accident Prevention Plan

17. Environmental Protection Plan

18. Hurricane and Severe Storm Plan

19. Traffic Control Plan

20. Transport, Storage and Access Plan

21. Dredge Mobilization/Demobilization Notice

22. Notification of Pre-Construction and Post-Construction Beach and Dredge Area Surveys

23. Survey Deliverables

24. Notification of Survey Discrepancy

25. Order of Work and Project Schedule

26. Work Milestone Notifications

27. Daily Quality Control Reports

28. Notification of Unsuitable Material

29. Notification of Pipeline Leaks

30. Daily Turbidity Reports

31. Notification of Cultural Resource Discovery

32. Grade Stake Log and Recovery Plan

33. Notification of Misplaced Material

34. Notification of Occurrence of Delays in Work

35. Claims and Disputes

36. Reports of All Inspections, Surveys and Tests and Remedial Actions

37. Request for Monthly Payment / Application for Progress Payment

38. Plan View Drawings from Pre-Construction Dredge Area Surveys

39. Record Drawings

40. As-built Drawings

41. Request for Final Payment

Further details on submittals and their due dates are provided in the main body of the CONTRACT and herein.

Mandatory Pre-Construction Conference The CONTRACTOR shall attend a pre-construction conference before Work begins at the site (Specific Condition No. 6 of FDEP Permit No. 0221569-020-JM, and Special Condition No.

2 of USACE Permit No. SAJ-2020-03722 (SP-EWP)). The COUNTY -required and permit-required pre-construction conferences will be held on the same day. The meetings will establish mutual understanding relative to details of the project administration, including the forms to be used for recording the quality control operations, inspections, daily reports, and interrelationship of the CONTRACTOR and ENGINEER and their respective representatives. The CONTRACTOR shall have read all conditions of the permits for the project. The permits will also be discussed to familiarize the CONTRACTOR with permit requirements. Nevertheless, it is the responsibility of the CONTRACTOR to meet the permit conditions. The CONTRACTOR shall also provide a contact list including the project manager, superintendent, the engineer of record, those responsible for turbidity monitoring, those responsible for protected species monitoring, staff representatives of the Florida Fish and Wildlife Conservation Commission (FWC) and the FDEP Joint Coastal Permit (JCP) Compliance Officer (or designated alternate), safety officer and subcontractors.

Work Milestone Notifications The CONTRACTOR shall specifically notify the ENGINEER of the CONTRACTOR's intended date of commencement of the following Work milestones at least seven (7) days prior:

1. Mobilization

2. Commencement of work

3. Establishment of horizontal and vertical control work

4. Expected completion of channel excavation

5. Expected substantial completion of the entire work

6. Expected completion of the entire work

7. Demobilization

Daily Quality Control Reports The CONTRACTOR shall prepare and submit Daily Reports to the ENGINEER for each day during the construction period (even when no Work is performed) between the time the Notice-to- Proceed is issued by Pinellas County until the time of Final Acceptance. The reports shall include all work activity, the location (coordinates or stationing) and daily and cumulative quantities (cubic yards) of material dredged, station location of beach discharge(s), quality control surveys, weather conditions, personnel, on-site equipment, description of Work performed that day, a summary of water quality monitoring, safety inspection summary and explanation of any downtime. Reports shall be submitted by 2:00 PM to the ENGINEER on a daily basis without exception via email for the Work performed the previous day. Each day's Quality Control Report shall include continuous dredge and cutterhead or suction head location plots.

Construction Plans and Contract Documents A minimum of two (2) complete sets of Construction Plans and Contract Documents (with permits) shall be kept in the CONTRACTOR's field office, on the dredge and at the dump shack at all times during project construction. The ENGINEER will provide the CONTRACTOR with digital sets of construction Plans. Up to two (2) printed sets can be provided if requested.

Noise Control All equipment, including dredges, used on this Work shall be equipped with satisfactory mufflers or other noise abatement devices. The use of horns, whistles, signals, and handling of dredge pipelines shall be held to the minimum necessary in order to ensure as quiet an operation as possible while maintaining safety on the job site. Booster pumps used for this Work shall be equipped with satisfactory mufflers and/or other sound abatement devices to reduce engine noise.

A sound barrier will be constructed landward of booster pumps in order to absorb noise or reflect noise waterward or upward. The CONTRACTOR shall conduct their operations to comply with all Federal, State, and local laws pertaining to noise.

Order of Work, Project Schedule, and Acceptance Sections The CONTRACTOR shall provide a written order of work outline and project schedule to the

ENGINEER and COUNTY a minimum of seven (7) days prior to the pre-construction meeting.

The project schedule shall be updated weekly during construction and submitted with the Quality Control report each Tuesday so that local property owners can plan for the CONTRACTOR’s activity. The project schedule shall indicate, at a minimum, start of work, start of discharge to the beach, construction period, start of excavation, hydraulic fill placement completion date, beach tilling, and completion of all Work. The CONTRACTOR shall propose the order in which the Work will be performed, including the anticipated progression of fill placement throughout the project area. An intended order of work outline and draft project schedule shall be provided with the Bid for COUNTY and ENGINEER awareness.

Acceptance sections are defined as the dredge area lying between adjacent perpendicular station transects. Pay profiles will be spaced generally 100 feet apart along an azimuth perpendicular to the baseline station with actual distance and location defined in the Construction Plans.

Character of Material Within the Dredge Area The project is to place dredged material along Pass-A-Grille Beach within the disposal area shown on the Plans between R-160 and R-166 using material from the Grand Canal Dredge Channel. The CONTRACTOR shall prioritize disposal within the “PLACEMENT AREA” marked on the Plans in the vicinity of R-164. If additional area is required, the CONTRACTOR shall notify the ENGINEER at least 7 days in advance for approval of an expanded Placement Area within the permitted template.

Geotechnical information is provided in Appendix B and only describes the materials obtained from these investigations. The CONTRACTOR shall be solely responsible for any interpretation or conclusions drawn there from.

Potential Differing Material Characteristics

The characteristics of the material in the dredge area may be as generally indicated by the sediment boring logs and grain size distribution curves attached hereto as Appendix B. The material found in each of the core borings (vibracores) is indicative only of material at that discrete location. The CONTRACTOR should be aware that it is possible for material of differing characteristics to be present in the dredge area, including material differing from that contained in the vibracores.

Work Area-

General

The construction and dredge area limits available to the CONTRACTOR for accomplishing the Work are shown in the Plans. Construction access to the beach will be as shown in the Plans.

The CONTRACTOR shall accomplish the Work in such a manner to minimize disruption to road traffic on the island, and in the vicinity of the project. The CONTRACTOR will be required to exclude the public for safety purposes from the work areas in the immediate vicinity of the hydraulic fill placement, grading and transporting operations, or any other area that may be dangerous to the public. The CONTRACTOR will minimize the areas closed to the public. The storage areas shall be kept neat and orderly, enclosed with temporary fencing, and in a manner supporting the public safety.

Construction Access and Staging Areas

The CONTRACTOR shall limit construction access and staging area to the locations and extents shown in the Plans or as approved by the COUNTY. The CONTRACTOR can stage within the permitted fill template on the beach, limited as described in the permits. The CONTRACTOR shall exercise caution when operating in the access, staging and all other work areas and driving on the beach with vehicles or equipment and operating in staging areas. The beach and adjacent areas are used heavily by the public throughout the year. The CONTRACTOR shall cordon off and/or fence the access and staging areas to prohibit public access. The access and staging areas shall be kept neat, orderly, and in a safe manner. All access and staging areas shall be restored to the pre-construction condition upon project completion at the cost of the CONTRACTOR. In the event infrastructure (such as walkways, sidewalks, fences, vegetation, etc.) is temporarily removed or relocated or there is unauthorized damage to vegetation and/or facilities by the CONTRACTOR, the CONTRACTOR shall restore all damage to structures and natural features to pre-construction condition or better. The CONTRACTOR will not receive final payment until all damage is restored to the satisfaction of the COUNTY. If additional access and staging areas are needed, they shall be procured by, and at the expense of, the CONTRACTOR if the staging areas must be restored to the pre-construction condition upon project completion at the cost of the CONTRACTOR. If additional staging areas are needed, they shall be procured by, and at the expense of, the

CONTRACTOR.

Damages All damages to private or public property resulting from the CONTRACTOR's operations shall be repaired by the CONTRACTOR at the CONTRACTOR's expense. The ENGINEER and COUNTY shall determine if repairs are required, and the COUNTY or OWNER of the damaged property will determine if the property has been repaired to its previous condition before the CONTRACTOR receives approval of repairs. The CONTRACTOR will reimburse the COUNTY for the cost of any damages at the staging area, including, but not limited to equipment, access gate and other related facilities, or the amount will be deducted from the final payment due the

CONTRACTOR.

The CONTRACTOR will provide access to, and use of, a temporary working space at the project site for the ENGINEER if requested. The space will consist of a desk, chair, internet access and air conditioning at a minimum, equivalent to that used by the CONTRACTOR staff on site.

The CONTRACTOR shall provide transportation for the ENGINEER along the island or to/from the dredge as needed for observation duties. Providing space on the CONTRACTOR’s crew boat or shuttle will accomplish this objective most of the time.

Paradise Grill

The Paradise Grill is a restaurant with outdoor seating located within the project area between R-163 and R-164. While construction is occurring in the area, the CONTRACTOR shall cordon off the work area from the Paradise Grill to the beach, allowing water and beach access to adjacent areas outside of the work area. Additionally, if Work is complete seaward of The Paradise Grill, pipe walkovers shall be placed in front of the Paradise Grill when a pipeline is in place.

Environmental Protection

This section addresses the prevention of pollution and other environmental damage as the result of construction operations under this contract. For the purpose of this specification, pollution and other environmental damage are defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to persons; or degrade the utility of the environment for aesthetic, cultural, and/or historical purposes, or damage/destroy hardbottom habitats such as reef formations or submerged aquatic vegetation (SAV). The control of pollution and damage requires consideration of air, water, land and the marine environment and includes management of construction activities, visual aesthetics, noise, solid waste, radiant energy, and radioactive materials, as well as other pollutants. The CONTRACTOR shall fulfill these specifications at the CONTRACTOR's expense.

Quality Control

The CONTRACTOR shall establish and maintain quality control for environmental protection for all items set forth herein. The CONTRACTOR shall record on Daily Quality Control reports any problems in complying with laws, regulations and ordinances, as well as project permits, and corrective action taken.

Permits and Biological Opinions The CONTRACTOR shall comply with all requirements under the terms and conditions set out in all permits applicable to the work. Specifically, the CONTRACTOR will familiarize himself/herself with general and specific conditions contained in the Florida Department of Environmental Protection (FDEP) Permit No. 0221569-020-JM dated January 27, 2022, and U.S.

Army Corps of Engineers (USACE) Permit No. SAJ-2020-03722 (SP-EWP) dated June 12, 2023.

Any other licenses, easements or approvals required, including, but not limited to those that may be required by the COUNTY, shall be secured and paid for by the CONTRACTOR. Copies of both permits are provided in Appendix A.

The CONTRACTOR shall follow the applicable Terms and Conditions in the following Biological Opinions (BO) that are incorporated by reference in the USACE permit: U.S. Fish and Wildlife Service (USFWS) BO, dated August 7, 2017, and BO modification issued on February 10, 2023 (included with USACE Permit Appendix A); USFWS Statewide Programmatic Biological Opinion (SPBO) for sea turtles and manatees, dated March 13, 2015; USFWS Programmatic Piping Plover Biological Opinion (P3BO) for piping plovers, dated May 22, 2013 (Appendix F); National Marine Fisheries Service (NMFS) BO dated November 10, 2015; and the NMFS Gulf Regional Biological Opinion (GRBO) (included at the following link:

https://www.fisheries.noaa.gov/content/endangeredspecies-act-section-7-biological-opinions-southeast).

Special Condition No. 13 of the USACE permit also requires that activities authorized under this permit be constructed in accordance with all applicable Project Design Criteria (PDCs) contained in the (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated November 2017, based on the permitted activity. JAXBO may be subject to revision at any time and the most recent version must be utilized during the design and construction of the permitted work. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at:

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

The CONTRACTOR shall follow the Sea Turtle and Smalltooth Sawfish Construction Conditions (NMFS 2006), Standard Manatee Conditions for In-Water Work (FWC, 2011), and Standard Protection Measures for the Indigo Snake (USFWS, 2013). These documents are provided in Appendices A and F.

Subcontractors Assurance of compliance with all sections of the contract by subcontractors will be the responsibility of the CONTRACTOR, including compliance with all environmental permit requirements.

Notification The ENGINEER will notify the CONTRACTOR and COUNTY of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the CONTRACTOR's Environmental Protection Plan. Nevertheless, it remains the sole responsibility of the CONTRACTOR to comply with all applicable Federal, State or Local https://www.fisheries.noaa.gov/content/endangeredspecies-act-section-7-biological-opinions-southeast https://www.fisheries.noaa.gov/content/endangeredspecies-act-section-7-biological-opinions-southeast laws or regulations, permits and all elements of the environmental protection plan. The COUNTY will determine what action will be taken and such response will be transmitted to the CONTRACTOR by the ENGINEER, which may include stopping construction of the project until the CONTRACTOR complies with the environmental protection plan. It will also be the CONTRACTOR's responsibility that all subcontractors shall comply with all applicable laws, regulations, permit requirements and all elements of the environmental protection plan.

Protection of Environmental Resources The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract.

The CONTRACTOR shall confine his/her activities to areas defined by the Plans and Specifications. Environmental protection shall be as stated in the following subparagraphs.

Protection of Land Resources Prior to the beginning of any construction, the ENGINEER and CONTRACTOR’s Project

Manager shall identify any known resources, such as vegetation, to be preserved within the CONTRACTOR's work area, which is defined as the beach seaward of the vegetation line. The CONTRACTOR shall not remove, cut, deface, injure, or destroy land resources including sand dune or berm vegetation, trees, shrubs, vines, grasses, topsoil, and landforms without direct written permission from the COUNTY. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is allowed, the CONTRACTOR shall provide effective protection for land and vegetation resources at all times as defined in the following paragraphs. The CONTRACTOR will be responsible for the replacement of any damaged or destroyed vegetation, to the satisfaction of the COUNTY or ENGINEER. Failure to replace damaged or destroyed vegetation by the CONTRACTOR will result in replacement by the COUNTY; cost of replacement will be deducted from monies due to the CONTRACTOR, or from monies which will be due to the CONTRACTOR by the COUNTY.

Work Area Limits Isolated areas (if any) within the work area that are to be saved and protected shall also be identified by the COUNTY and marked or fenced by the CONTRACTOR. All monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the marks shall be visible. The CONTRACTOR shall convey to all subcontractors and personnel the purpose of marking and/or protection for all necessary objects.

Protection of Landscape Trees, shrubs, vines, grasses, landforms, and other landscape features within the work area to be preserved shall be identified by the ENGINEER, and clearly delineated by the CONTRACTOR, by marking, fencing, or wrapping with boards, or any other techniques approved by the ENGINEER. Unless otherwise approved by the ENGINEER, no trees, shrubs, vines, grasses or other vegetation will be harmed or destroyed by the CONTRACTOR for any purpose. The CONTRACTOR is to avoid all vegetation located above the vegetation line.

Hydraulic Fill Placement

To avoid damage, no fill will be placed hydraulically within 25 feet of dunes, seawalls, structures, or vegetation by direct pipeline discharge. Mechanical or manual means shall be used to place such material.

Retardation and Control of Runoff Runoff from the construction site shall be controlled by the CONTRACTOR by the construction of diversion ditches, benches and berms to retard and divert runoff to protected drainage courses, and any measures required by areawide Plans approved under paragraph 208 of the Clean Water Act. Dikes will be constructed above the water line and maintained in continuous repair to allow partial settling of fine materials from dredging. The ENGINEER can require the CONTRACTOR to extend dikes up to 500 feet in length if it is deemed necessary for retardation and control of runoff. The extension of dikes, if required, will be provided by the CONTRACTOR at no additional cost. No runoff shall drain landward of the fill area shown on the Plans.

Temporary Excavations Embankments for plant and/or work areas shall be controlled to protect adjacent areas from despoilment.

Disposal of Solid Wastes Solid wastes (including clearing debris) shall be placed in containers, which are emptied on a regular schedule. The CONTRACTOR will empty containers when three-quarters full and will avoid overflow conditions. All handling and disposal shall be conducted to prevent contamination.

No steel, cables, wire, pipe, drums or any other debris shall be permitted to be disposed overboard into the waters of the Gulf of Mexico or any other body of water. Disposal of solid wastes or debris in the Gulf of Mexico is a violation of State and Federal laws. If such debris is found, the debris shall be removed by the CONTRACTOR at their own cost, or the cost of removal deducted from the CONTRACTOR's final payment.

Disposal of Chemical Waste Chemical waste shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with Federal, State, and local regulations. The CONTRACTOR shall perform all maintenance of equipment, including but not limited to refueling, filter changes, and replacement of hydraulic lines in a manner so as not to contaminate soils, ground or surface waters, or any other natural resources.

Disposal of Discarded Materials Discarded materials other than those which can be included in the solid waste category, will be handled by the CONTRACTOR as directed by the ENGINEER or the COUNTY.

Protection of Fish and Wildlife Resources The CONTRACTOR shall keep construction activities under continued surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific consideration, as well as measures for their protection, will be addressed in the CONTRACTOR's Environmental Protection Plan prior to the beginning of project construction.

Sea Turtles

If project construction occurs during a portion of the sea turtle nesting season (May 1 to October 31), construction pipes shall be placed parallel to shore whenever possible, and as far landward as possible without impacting the dune system, structures, or access points. To minimize adverse effects to sea turtles, nighttime lighting will comply with permit conditions for the project and include lowering, screening and shielding lights where possible. All temporary storage of pipes or equipment shall be off the beach whenever possible, or as far landward as possible without impacting the dune system, structures, or access points. The CONTRACTOR shall comply with all measures outlined in the permits, Biological Opinions (BO), and “Sea Turtle and Smalltooth Sawfish Construction Conditions” (NMFS, 2006) for sea turtle protection regarding construction procedures, beach lighting, and dates of construction. The CONTRACTOR shall provide endangered species monitors during all in-water work associated with dredging operations. The CONTRACTOR shall also provide a permitted sea turtle monitor who will conduct all permit-required sea turtle monitoring and nest relocation for the project.

Manatee Protection

To ensure that manatees are not adversely affected by construction activities, the CONTRACTOR shall comply with all manatee protection measures outlined in the permits, BOs, and “Standard Manatee Conditions for In-Water Work” (FWC, 2011).

Protected Marine Species

Per FDEP Permit Specific Condition No. 14, for all dredging operations in the Grand Canal Dredge Channel, the CONTRACTOR shall ensure that one dedicated observer shall watch for protected marine species (manatees, marine turtles, dolphins, etc.) during all in water work associated with dredging operations to ensure compliance with the stop work zone required in this authorization. All dedicated observers shall have prior on-the-job observation experience (including previous sightings of manatees) during previous dredging work where the activities were similar in nature to this project. The CONTRACTOR shall ensure that all dedicated observers are given a copy of the permit for the project, including all special conditions, prior to the commencement of construction. FWC guidelines regarding dedicated observers can be found at:

https://myfwc.com/wildlifehabitats/wildlife/manatee/watch-program/.

Per Special Condition No. 19 of the USACE Permit, during clamshell dredging operations, the dredge operator shall gravity-release the clamshell bucket only at the water’s surface, and only after confirmation that there are no manatees within the safety distance identified in the USACE Permit standard construction conditions. No nighttime clamshell dredging is allowed.

Submerged Aquatic Vegetation (SAV)

The CONTRACTOR will avoid any known SAV and utilize authorized pipeline corridors to access the beach disposal area. Per Special Condition No. 8 of the USACE permit, if https://myfwc.com/wildlifehabitats/wildlife/manatee/watch-program/ the pre-construction benthic survey identifies the presence of SAV within the proposed dredge footprint, and the project cannot adjust the dredge area and/or construction methods to avoid sedimentation impacts to SAV, the CONTRACTOR shall install floating turbidity barriers with weighted skirts that extend within 1 foot of the bottom around all work areas that are in, or adjacent to the resource. The turbidity barriers shall remain in place and be maintained daily until the authorized work is completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area. The Submerged Aquatic Vegetation Monitoring Plan is included as Appendix G.

Shorebirds

Breeding season varies by species. Most species have completed the breeding cycle by September 1, but flightless young may be present through September. The following dates are based on the best available information regarding ranges and habitat use by species for this site:

February 15 - September 1. The CONTRACTOR shall comply with all seabird and shorebird protection measures outlined in the permits and BOs, which are provided in Appendices A and F of the Technical Specifications.

Smalltooth Sawfish

To ensure that smalltooth sawfish are not adversely affected by construction activities, the CONTRACTOR shall comply with all smalltooth sawfish protection measures outlined in the permits, BOs, and “Sea Turtle and Smalltooth Sawfish Construction Conditions” (NMFS, 2006).

These documents are provided in Appendices A and F of the Technical Specifications.

Protection of Air Resources

The CONTRACTOR shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by the CONTRACTOR in accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Florida (Florida Statute, Chapter 403 and others) and all Federal emission and performance laws and standards.

Protection of Sound Intrusions

The CONTRACTOR shall keep construction activities under surveillance, and control to minimize damage to the environment by noise. If booster pumps are used on the beach, the CONTRACTOR shall provide adequate muffler systems and erect a sound barrier to deflect noise in the waterward direction and away from buildings.

Dispensing of Fuel

Secondary containment, which can hold at minimum 110% of the tank contents, must be provided by the CONTRACTOR for each fuel storage tank. Fuel dispensers shall have a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb.

Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the CONTRACTOR shall immediately contain the spill and contact the appropriate local authorities. The CONTRACTOR will be solely responsible for any fines, penalties or other legal activities related to fuel spills.

Temporary Sanitary Facility The CONTRACTOR shall supply and maintain, at minimum, one (1) temporary sanitary facility for the use of land-based employees and subcontractors at each separate construction site.

The facility shall be conveniently located in the vicinity of the beach disposal operation, but away from residential buildings along the coastline. The facility shall be removed at the end of the project.

Storage of Lubricants All lubricants and other potential liquid pollutants shall be stored in sealed, non-corrosive containers. Individual containers shall be stored in metal pans with borders banded up and welded at the corners right below the bibb. Pans shall be deep enough to prevent contamination of the ground. Pans shall be kept clean of all spillage or leakage.

Maintenance of Polution Control Facilities The CONTRACTOR shall maintain constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

Training of Contractor Personnel in Pollution Control and Environmental Protection

The CONTRACTOR shall train all subcontractors and personnel in all phases of environmental protection. Personnel and subcontractors will be familiar with permit requirements, and with the necessity of protection of all habitats, including offshore SAV and any hardbottom communities. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment, and shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the CONTRACTOR. Quality Control personnel will be identified in the Quality Control Plan.

Fuel Oil Transfer Operations In accordance with the U.S. Coast Guard regulations (33 CFR 156.120, or as revised or updated), couplings used in fuel oil transfer operations on any vessel with a capacity of 250 or more barrels of oil (or fuel) shall be either a bolted or full-threaded connection; or a quick-connect coupling approved by the Commandant; or an automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker person shall be completed for each refueling operation. The U.S. Coast Guard shall also be notified prior to any refueling.

Environmental Protection Plans Within fifteen (15) calendar days after the date of Notice of Award and prior to the Notice to

Proceed to the CONTRACTOR, the CONTRACTOR shall submit in writing an Environmental Protection Plan to the ENGINEER. The Notice to Proceed will not be issued until the Environmental Protection Plan is reviewed and acknowledged by the ENGINEER. Approval of the CONTRACTOR'S plan will not relieve the CONTRACTOR of his/her responsibility for adequate and continuing control of pollutants and other environmental protection measures. The Environmental Protection Plan shall include but not be limited to the following:

• A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the CONTRACTOR'S proposed operations and the requirements imposed by those laws, regulations, and permits.

• Methods for protection of features and habitats to be preserved within authorized work areas. The CONTRACTOR shall prepare a listing of methods to protect resources needing protection, i.e., all vegetation, trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological and cultural resources, manatees, Submerged Aquatic Vegetation (SAV’s) and all marine hardbottom areas.

• Procedures to be implemented to provide the required environmental protection and to comply with the applicable permits, laws and regulations. The CONTRACTOR shall provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes or failure to follow the procedures set out in accordance with the Environmental Protection Plan.

• Drawings showing locations of any proposed temporary excavations or embankments for haul roads, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials.

• Environmental monitoring plans for the jobsite, including land, water, air and noise monitoring.

• Oil spill prevention.

• Oil spill contingency plan.

• A hardbottom/ SAV protection and avoidance plan.

• A marine (sea) turtle protection plan.

• A manatee protection plan.

• A smalltooth sawfish protection plan.

• A Florida panther protection plan

• An Eastern indigo snake protection plan.

• Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas. The location of the solid waste disposal area.

• Shorebird Management Plan.

• A statement as to the person who will be responsible for implementation of the

Environmental Protection Plan. The CONTRACTOR personnel responsible shall report directly to the CONTRACTOR'S top management and shall have the authority to act for the CONTRACTOR in…