CN-370000-PL273-T1.pdf

11/22/2019

GHD

5904 Hampton Oaks Parkway Suite F Tampa Florida 33610 USA | www.ghd.com

November 15, 2019

Dr. Lainie Edwards Deputy Director Division of Water Resource Management Florida Department of Environmental Protection 2600 Blairstone Road Tallahassee, FL 32399

RE: Professional Services in Support of 404 Assumption (Scope Revised 15 November 2019)

Dear Dr. Edwards:

Following our productive discussions and informational exchanges that commenced on October 22, 2019, GHD is pleased to submit the attached scope and fee proposal to provide assistance to the Florida Department of Environmental Protection (DEP) to assume the dredge and fill permitting program under Section 404 of the Clean Water Act in Florida. This effort is alternately referenced as 404 Assumption support services. Note that minor revisions were made to the scope following discussion with staff earlier today.

GHD will perform the services described in the attached Scope of Work in a timely manner; our services will be provided under the auspices of Contract PL273 (entitled Environmental Site Assessments).

We understand and appreciate the timeframe in which the DEP requires the completion of a Biological Assessment. GHD has the staff resources and commitment to meet the schedule required by the DEP.

We understand that the Biological Assessment must be completed and transmitted to you within ninety

(90) days of our receipt of a formal Notice to Proceed (NTP) from the DEP. We are prepared to dedicate the requisite GHD staff to ensure this timeline is met, as well as to provide you with exemplary deliverables.

We sincerely appreciate this opportunity to assist the DEP with this important undertaking, and are committed to performing with distinction.

Should you have any questions, please feel free to contact me at (770) 359-7634 or Mike Barnett at (251) 300-1250.

Sincerely, GHD Inc.

Steven R. Davie, PE, D.CE Principal, Coastal Engineering Lead - North America Phone: (770) 359-7634 Email: steven.davie@ghd.com

Attachment – Scope of Work (with schedule and fees included) http://www.ghd.com/

GHD_SOW_FDEP_404_Assumption_REV_20191115

Scope of Work

Biological Assessment and Formal Consultation for Florida’s State 404 Program

The following scope of work defines the tasks needed to complete a state-wide programmatic biological assessment (BA) to the US Fish and Wildlife Service (USFWS), and/or the National Marine Fisheries Service (NMFS), as applicable, in preparation for the Florida Department of Environmental Protection (DEP) to assume the dredge and fill permitting program under Section 404 of the Clean Water Act (Assumption). It is understood that the Jacksonville District of the US Army Corps of Engineers (USACE) would retain Section 404 dredge-and-fill permitting authority over Navigable waters and their adjacent wetlands. All other waters of the US will be identified as “assumable waters” for the purpose of DEP’s Section 404 Assumption.

It is DEP’s intent with the BA to request formal consultation with the USFWS and/or NMFS in order to receive a programmatic biological opinion (BO), including an Incidental Take Statement authorizing incidental take for DEP permitted activities consistent with the Section 404 Assumption. The BA will include an assessment of the assumption, a program to determine its effect on threatened and endangered species, an effects determination, and a request for formal consultation. This BA is UnotU an assessment of individual project effects or specific types of activities on listed species in the state of Florida.

Should the USFWS/NMFS respond with a programmatic BO, it would identify technical assistance procedures with DEP, describing how DEP will consult with the USFWS/NMFS in order to review and provide such assistance for future DEP permit actions consistent with the take authorization in the incidental take statement. The level of anticipated take from these actions will be species- and location-specific for each project reviewed by DEP and the USFWS/NMFS. Assuming concurrence with the BA’s effects determination, the programmatic BO’s Incidental Take Statement would provide that any taking incidental to, and not intended as part of the DEP and permitting actions consistent with the Assumption under Section 404, is not considered to be prohibited taking under sections 7(b)(4) and 7(o)(2) of the Endangered Species Act (ESA).

The first step in this process is completion of a programmatic BA for submittal with DEP’s Assumption package to the US Environmental Protection Agency (EPA). Alternatively, EPA and DEP may pursue early consultation in accordance with 50 CFR § 402.11. As the federal action agency (the action being approval of the State 404 Program), EPA will need to designate DEP as the non-federal representative to allow DEP to prepare the BA on behalf of EPA.

To provide the above and herein listed services to DEP, GHD makes the following assumptions:

1. Desktop study only. No fieldwork is to be conducted.

2. No interviews with agency personnel.

3. DEP will provide any relevant studies, reports, etc.

4. Assume NMFS will be involved in review and coordination where specified (Task A.8 and B).

5. Travel needed for coordination will be reimbursed in accordance with contract requirements.

USCOPE OF WORK

A. Programmatic Biological Assessment

1. Kick-off Meeting – Within two (2) weeks of Notice to Proceed, GHD will schedule a face-to-face Kick-off Meeting with the DEP technical team. The purpose of the Kick-off Meeting is to: (1) identify all points of contact that will be involved in the project; (2) assure a common understanding of the task requirements and objectives; (3) discuss the project schedule; and (4) address other pertinent issues. The meeting will be hosted at DEP’s office in Tallahassee, FL.

Deliverables: Prepare and submit a draft agenda to the DEP technical team prior to the meeting. Prepare minutes of the meeting and submit them to the DEP technical team within three (3) working days following the meeting.

GHD Fees for Task 1: $12,401

2. Project Schedule – GHD will prepare and submit a project schedule that complies with milestones approved by the DEP technical team as set forth in the Kick-off meeting.

GHD will revise the schedule from time to time as directed by the DEP technical team to accommodate major schedule changing events.

Deliverables: Draft Project Schedule, and additional Schedule updates as needed (expect one per month).

GHD Fees for Task 2: $6,300

3. DEP Designation – Request that EPA designate DEP as the non-federal representative for purposes of preparing the programmatic BA for the State 404 Program by giving written notice to the Director in accordance with 50 CFR § 402.08.

a. Per discussion with DWRM staff on 08 November 2019, GHD will not provide services associated with this task. DEP will undertake this coordination/effort.

GHD fees for Task 3: $0

4. Threatened and Endangered Species List – GHD will review the statewide species list

(to be provided by DEP) for completeness based upon publically available sources (i.e., Florida Natural Areas Inventory [FNAI], federal and state lists). Any discrepancies will be addressed and a final list will be provided to DEP for subsequent transmittal to USFWS/NMFS for their concurrence with, or revision to, the list in accordance with 50 CFR §402.12(c) and (d).

a. GHD will review the Draft Potential Species List currently being prepared by DEP staff. The list will be reviewed by GHD for completeness, and to ensure all potential threatened & endangered species are included.

b. GHD will make any revisions to the list as needed, which will be subsequently approved by DEP.

Deliverable: Revised species list to DEP within 2 weeks of receiving draft list from DEP Final List of Species based on concurrence with DEP.

GHD Fees for Task 4: $9,656

5. Biological Assessment Preparation – Write draft BA based upon approved outline using the Example outline for 404 Assumption Biological Assessment included in Attachment 1 of this scope of work. GHD will create a SharePoint site for document sharing.

a. GHD will prepare the Draft BA based on the final approved outline.

b. GHD will schedule and participate in meetings/conference calls with DEP every two (2) weeks to discuss status of the Draft BA.

Deliverables: Establish SharePoint site for BA delivery. Bi-weekly updates of the Draft BA. Preparation of agendas and notes for all meetings/conference calls.

GHD Fees for Task 5: $190,349

6. Draft and Final Biological Assessment Submittal to DEP for Review - Following

DEP review, the DEP will submit the draft BA to EPA.

a. GHD will submit a complete draft BA for review by DEP within 90 days of subsequent to receipt of Notice to Proceed from DEP.

b. GHD will incorporate comments received from DEP within 10 days of receipt of comments. The resulting document will be the Draft BA for submission to

USFWS/NMFS.

Deliverables: Submit completed draft BA to DEP for review within 90 days subsequent to receipt of a Notice to Proceed (NTP) from the DEP. Within 10 days of receiving comments from DEP, finalize draft BA for submission to DEP (for subsequent DEP submittal to EPA and USFWS/NMFS).

GHD Fees for Task 6: $19,518

7. Biological Assessment Submittal to EPA - GHD will provide DEP with an electronic version of the BA. The DEP will subsequently provide the BA to EPA, who will then coordinate with USFWS/NMFS for review and comment – The DEP will Coordinate EPA’s submittal of completed programmatic BA to USFWS/NMFS within 180 days of receipt of USFWS/NMFS concurrence with the species list consistent with applicable federal regulations

a. GHD will assist DEP with submittal of the Final BA to EPA.

Deliverables: Final BA to DEP, for subsequent DEP submittal to EPA (and

USFWS/NMFS).

GHD Fees for Task 7: $18,337

8. EPA Review and Support – The request for formal programmatic consultation in the BA and any other documentation needed for EPA to initiate formal consultation with the USFWS/NMFS will be finalized, in accordance with 50 CFR § 402.14(c) and (d) in coordination with EPA. Documentation may include:

a. A description of the action to be considered;

b. A description of the area that may be affected by the action;

c. A description of any listed species or critical habitat that may be affected by the action;

d. A description of the manner in which the action may affect any listed species or critical habitat and an analysis of any cumulative effects;

e. Relevant reports, including any programmatic biological assessment prepared;

f. Any other relevant available information on the action, the affected listed species, or critical habitat;

g. An effects determination for the Assumption; and

h. A request for formal programmatic consultation with the USFWS/NMFS regarding the findings of the BA for the Assumption.

Deliverables: GHD will assist DEP in revisions requested by EPA.

GHD Fees for Task 8: $22,283

Total GHD fees for Scope of Work Item A (Tasks 1-8, inclusive): $278,844

B. Formal Programmatic Consultation Support

1. Formal Consultation Initiation – EPA will initiate formal programmatic consultation by submitting the BA and any other documents, such as a cover letter, in accordance with 50 CFR § 402.12(j) and (k), and 50 CFR § 402.14(c).

2. Requests for Additional Information – In coordination with DEP, prepare and provide additional information requested by EPA and USFWS/NMFS during consultation in accordance with 50 CFR § 402.14(f).

a. GHD will provide support to DEP to initiate formal consultation with EPA.

b. GHD will assist with the preparation and submittal of any additional information requests to support review/approval of the BA.

Deliverables: Documents prepared in response to additional information requests that are received within the comment period (90 days).

GHD Fees for Task B: $37,697

Total GHD Fees for Services as described in Scope of Work Items A and B:

not to exceed $316,541 without prior written authorization from DEP.

Attachment 1: Example Outline for 404 Assumption Biological Assessment

1. Purpose of Biological Assessment

1.1 Overview of current conditions

1.2 Objectives of Proposed Action

1.3 Regulatory History

2. Action and Action Area

2.1 Description of Proposed Action

2.2 Description of the Proposed Action Area

2.3 Ecosystems/Habitats Located Within the Proposed Action Area

2.4 T&E Species Affected by the Proposed Action

3. Listed Species & Habitat Ranges in Action Areas

4. Potential Effect on T&E Species

5. Baseline Environmental Conditions

6. Effects of the Proposed Action on Listed Species and Designated Critical Habitat

7. Cumulative Effects

8. Conclusions

8.1 Effects determination for listed species and designated critical habitats

8.2 Effects Determination for the Proposed Action and Request for Further Consultation with the Services

9. Literature Cited

10. Appendices