FKEC_BID_26-07_EXHIBIT_G_FDEM_GRANT_APPROVAL.pdf

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SPECIFICATIONS FOR SELF-SUPPORTING POLES UPGRADE, UTILITY PROTECTIVE MEASURES, PHASE 2 CONSTRUCTION
Solicitation number
FKEC BID #26-07
Issued by
Monroe County, Florida

About this file

This is a FEMA grant approval letter from the Florida Division of Emergency Management (FDEM) Mitigation Bureau to Florida Keys Electric Cooperative (FKEC) regarding Phase II funding for a Hazard Mitigation Grant Program project. The project involves the replacement of eleven guyed transmission structures with steel self-supported structures and concrete drilled pier foundations, with locations ranging from Key Largo to Marathon, Florida. Four structures are located on land and seven are located in water. The project has been assigned FEMA Project Number 4337-444-R and shall be reported under 4337-444-A. Ray Rhash, Purchasing, Procurement, and Warehouse Manager for FKEC, has been designated as the Point of Contact responsible for project management. No work can commence until the contract has been executed by both parties. The FDEM Mitigation Bureau will manage the project and is in the process of developing a contract for FKEC's review and approval.

The project is subject to multiple federal and state compliance requirements and special conditions that FKEC must adhere to throughout implementation and at project closeout. These conditions include compliance with Executive Order 11990 regarding wetlands protection; the Clean Water Act requirements including USACE Permit No. SAJ-2017-02824-(NW-GGM) and Section 404 and 401 permitting; Endangered Species Act requirements per USACE NMFS JAXBO criteria and sea turtle, smalltooth sawfish, and manatee construction conditions; Marine Protection, Research, and Sanctuaries Act authorization from the Florida Keys National Marine Sanctuary; National Historic Preservation Act requirements for archaeological discoveries; and state hazardous materials and solid waste disposal regulations. FKEC is responsible for obtaining all necessary permits and authorizations, documenting compliance, and maintaining permanent project files with copies forwarded to FDEM and FEMA. Failure to comply with any condition may jeopardize FEMA funding, with verification of compliance required at project closeout.

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This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email.

Good afternoon, Ray Rhash, REF: 4337-444-A (304), Florida Keys Electric Cooperative, Self-Supporting Poles Upgrade, Utility Mitigation

– Phase II FEMA APPROVAL

The Florida Division of Emergency Management (FDEM), Mitigation Bureau, Hazard Mitigation Grant Program, is pleased to inform you that the above-referenced project has been approved for Phase II funding from the Federal Emergency Management Agency (FEMA) given FEMA Project number 4337-444-R and shall be reported under 4337-444-A. You will need to reference this FEMA number in all email subject lines and in all documents submitted to FDEM.

We are in the process of developing and preparing a contract for you to review and approve, which we will be emailed to you.

Remember, no work can commence until the contract has been executed by both parties.

The project was approved for the amounts below and will be managed by the FDEM, Mitigation Bureau. As the Point of Contact, you will be responsible for the management of this project. In the meantime, please review all information provided in this email to make sure that everything is still applicable, and notify me as soon as possible if this information has changed, or if you have any questions regarding this process.

Please note that Florida Keys Electric Cooperative must follow all permitting requirements and conditions for all of the proposed sites and will need to submit documentation at closeout. The conditions will be included in the Attachment A from the agreement but due to the complexity of this project, we are including them in this award notification for reference.

Special Conditions required on implementation of project:

a) EO CONDITION: Construction activities, staging activities, and storage shall not be located in or impact any adjacent wetlands. Failure to comply with this condition may jeopardize FEMA funding; verification of compliance shall be required at project closeout. Source of condition: Executive Order 11990 - Wetlands Monitoring Required: No

b) CWA CONDITION: The Sub-Recipient must comply with the terms and conditions of USACE Permit No.

SAJ-2017-02824-(NW-GGM)) and associated guidance. The Sub-Recipient must obtain permit modifications as necessary. Failure to comply with these conditions may jeopardize FEMA funding;

verification of compliance shall be required at project closeout. Source of condition: Clean Water Act (CWA) Monitoring Required: No

c) CWA CONDITION: The Sub-Recipient is responsible for coordinating with and obtaining any required Section 404 permit(s) from the United States Army Corps of Engineers (USACE) and 401 permit(s) from the responsible state or tribal agency prior to initiating work. The Sub-Recipient shall comply with all conditions and pre-construction notification requirements of the required permit(s), including any applicable regional conditions. All coordination pertaining to these activities or compliance with applicable permits must be documented and maintained in the Sub-Recipient's permanent files. Copies must be forwarded to the State and FEMA as part of the permanent project file. Failure to comply with this requirement may jeopardize receipt of federal funds; verification of compliance shall be required at project closeout. Source of condition: Clean Water Act (CWA) Monitoring Required: No

d) ESA CONDITION: The proposed project must adhere to the attached USACE NMFS JAXBO (SER-2015- 17616) dated 11/20/2017, and amended on 06/02/2022, General Project Design Criteria (PDC) AP.1-14 and Activity Specific PDCs A8.1-8.8, 8.10, and 8.11. The Sub-Recipient must also adhere to the attached Sea Turtle and Smalltooth Sawfish Construction Conditions, and Standard Manatee Conditions for In-Water Work. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. Source of condition: Endangered Species Act (ESA) Monitoring Required: No

e) ESA CONDITION: If the USACE NMFS JAXBO (SER-2015- 17616) is determined not applicable during the Clean Water Act permitting review, then the ESA requirements under the applicable permitting review applies and all required conditions shall be adhered. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. Source of condition: Endangered Species Act (ESA) Monitoring Required: No

f) MPRSA CONDITION: The Sub-Recipient is responsible for coordinating with and obtaining authorization from the Florida Keys National Marine Sanctuary (FKNMS) prior to initiating work. The Sub-Recipient shall comply with all conditions of the authorization. All coordination pertaining to these activities or compliance with applicable authorization must be documented and maintained in the Sub-Recipient's permanent files. Copies must be forwarded to the State and FEMA as part of the permanent project file.

Failure to comply with this requirement may jeopardize receipt of federal funds; verification of compliance shall be required at project closeout. Source of condition: Marine Protection, Research, and Sanctuaries Act (MPRSA) Monitoring Required: No

g) NHPA CONDITION: If human remains or intact archaeological features or deposits (e.g. arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery will stop immediately and all reasonable measures to avoid or minimize harm to the finds will be taken. The Sub-Recipient will ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub- Recipient's contractor will provide immediate notice of such discoveries to the applicant. The Sub- Recipient shall contact the Florida Division of Historic Resources and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA has completed consultation with SHPO, Tribes, and other consulting parties as necessary. 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 Florida Statutes, Section 872.05. Source of condition: National Historic Preservation Act (NHPA) Monitoring Required: No

h) SHM & SW CONDITION: The Sub-Recipient shall ensure that all demolition debris is disposed of in a manner consistent with FDEP regulations. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance shall be required at project closeout. Source of condition: State Hazardous Materials and Solid Waste Laws Monitoring Required: No

Point of Contact (POC):

Ray Rhash, Purchasing, Procurement, and Warehouse Manager Florida Keys Electric Cooperative (FKEC)

Thank you, Carmen Acosta Project Manager | Bureau of Mitigation Florida Division of Emergency Management Phone: (850) 332-1268 Carmen.Acosta@em.myflorida.com "Under Florida law, correspondence with the Florida Division of Emergency Management concerning agency business that is neither confidential nor exempt pursuant to Florida Statutes, is a public record and will be made available to the public upon request."

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