Exhibit_E,_Manatee_and_Sea_Turtle_Construction_Conditions,_26-B-78JS.pdf
PDF 626 KB Posted
- Attached to
- Rivershore - Oceanshore Fishing Dock Replacement
- Solicitation number
- 26-B-78JS
- Issued by
- Volusia County, Orlando City, Florida
About this file
This document contains standard environmental protection conditions issued by the Florida Fish and Wildlife Conservation Commission and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service for in-water construction activities related to Volusia County's Rivershore-Oceanshore Fishing Dock Replacement project (ITB No. 26-B-78JS) in Ormond Beach, Florida. The conditions establish mandatory operational protocols for all personnel and vessels involved in the dock reconstruction project to protect manatees, sea turtles, and smalltooth sawfish during design and construction phases. Key requirements include mandatory instruction of all construction personnel regarding protected species presence and the civil and criminal penalties associated with injury or harassment; operation of all vessels at idle speed/no wake in the immediate project area and in waters where vessel draft provides less than four-foot clearance from the bottom; use of entanglement-resistant siltation and turbidity barriers that are properly secured and regularly monitored; and immediate shutdown of all in-water operations if manatees approach within 50 feet or if sea turtles or smalltooth sawfish are observed within 100 yards of active operations. The conditions further require posting of FWC-approved temporary signage prior to and during all in-water activities, with signs explaining idle speed/no wake requirements and operational shutdown procedures prominently displayed for all personnel.
Any collision with or injury to protected species must be reported immediately to designated state and federal authorities, including the Florida Fish and Wildlife Conservation Commission Hotline (1-888-404-3922), U.S. Fish and Wildlife Service regional offices, and the National Marine Fisheries Service's Protected Resources Division (727-824-5312). All mechanical construction equipment must cease operation immediately if a protected species is observed within a 50-foot radius, with activities resuming only after the animal has voluntarily departed the project area. For manatees, operations may resume after 30 minutes if the animal has not reappeared within the 50-foot radius. These conditions apply to all contractors and subcontractors performing in-water work on the project and are binding requirements of the contract award.
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STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
The permittee shall comply with the following conditions intended to protect manatees from direct project effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee 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, 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 shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.
d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@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 must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.
26-B-78JS C-2078
mailto:ImperiledSpecies@myFWC.com http://www.myfwc.com/wildlifehabitats/managed/manatee/
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
26-B-78JS C-2078
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