Attachment 4 SOW Appendix B - Construction Conditions.pdf

Conservation Measures for Dune Walkover Construction September 2015

1. Walkovers/Boardwalks. Dune walkovers shall be constructed at a height (minimum three feet above grade – higher if habitat has been impacted from storms) to accommodate natural dune growth and associated vegetation.

2. Equipment storage. No storage of equipment or materials shall occur on the beach or dunes throughout the entire year.

3. Construction. A top down construction method should be utilized. This would limit human and mechanical impacts to the dunes by allowing the new construction to progress outward from the previous construction.

4. Sea turtle nesting. No walkover/boardwalk construction shall occur on the beach during the sea turtle nesting season from May 1 through November 1.

5. Sand fence. Minimal use of sand fence is encouraged. When used, the fence must be used for restoration of dune blowouts. Post and rope is preferred for beach visitor access, pedestrian traffic control, and wildlife exclusion zones (i.e., bird wintering areas). If used for dune restoration, the fence shall be placed in a sea turtle compatible design and be made of biodegradable material.

6. Dune protection. No activity, except as needed to repair the walkover/boardwalk, shall occur on existing healthy dunes during any time of the year. Limit activities within this area to maintenance and restoration of the habitat. Use appropriate signs to designate and indicate the purpose of the conservation area, if necessary.

7. Restoration. If dune restoration is needed for the dune walkover construction project, contact the USFWS Panama City Field Office for further assistance.

8. Refuse. Install and maintain sturdy animal-proof garbage containers to prevent the invasion of house mice, non-native rats and predators (cats, raccoons, fox, coyotes).

9. Lighting. No lighting shall be utilized on the dune walkover.

U.S. Fish and Wildlife Service 1601 Balboa Avenue Panama City, Florida 32405

(850) 769-0552 http://www.fws.gov/panamacity/

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

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

SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS

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

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

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

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

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

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

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

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

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