Revision 0003, SPP Anna Maria Island.pdf

GROUP1-18-R-J012 1 Revision 0003

ADDENDUM TO THE STANDARD FORM 1442

Revision 0003 dated 06 February 2020

Shore Protection Project, Anna Maria Island, Beach Renourishment 2020, Manatee County, Florida

NOTICE OF INTENT TO ORDER: THIS OPPORTUNITY IS AVAILABLE ONLY TO

THE FOLLOWING CONTRACTORS AWARDED A CONTRACT UNDER

SOLICITATION NUMBER W912EP18R0029, GROUP 1 - UNRESTRICTED:

Callan Marine, Ltd. (W912EP19D0023); Cashman Dredging & Marine Contracting Co., LLC (W912EP19D0024); Cavache Inc. (W912EPD0025); Continental Heavy Civil Corp (CHC) (W912EP19D0026); Cottrell Contracting Corporation (W912EP19D0027); Great Lakes Dredge & Dock Company, LLC (W912EP19D0028); J.T. Cleary Inc. (W912EP19D0029);

Manson Construction Co. (W912EP19D0030); Marinex Construction, Inc.

(W912EP19D0031); Norfolk Dredging Company (W912EP19D0032); Orion Marine Construction, Inc. (W912EP19D0033); Southern Dredging Co., Inc. (W912EP19D0034); The Dutra Group (W912EP19D0035); Waterfront Property Services, LLC dba Gator Dredging (W912EP19D0036); Weeks Marine, Inc. (W912EP19D0037).

PROPOSALS WILL NOT BE CONSIDERED FROM ANY ENTITY OTHER THAN THE

PREVIOUSLY LISTED FIRMS INCLUDED IN THE GROUP 1 - UNRESTRICTED

DREDGING MATOC POOL.

EVALUATION: The award of the task order will be made on the basis of Lowest Price, Technical Acceptable (LPTA) evaluation method. To be considered technically acceptable, an offeror’s proposal must be rated “Acceptable under all non-price factors.

The factors for evaluation will be as follows:

FACTOR 1 - Availability of technically acceptable dredge(s)

FACTOR 2 - Past performance

FACTOR 3 - Price

SUBMISSION REQUIREMENTS: Contractors are required to submit the following:

FACTOR 1 - Availability of technically acceptable dredge(s).

The contractor shall provide a letter on company letterhead identifying the dredge(s) the contractor proposes to do the work and the current location of dredge(s).

Evaluation Method:

The Government will evaluate all identified dredge(s) submitted to determine whether the identified dredge(s) have been found technically acceptable by the Contracting Officer prior to the proposal due date. The Government will also determine whether the

GROUP1-18-R-J012 2 Revision 0003 dredge(s) are available to meet the required period of performance as stated in the Notice of Intent.

To be determined Acceptable for Factor 1, the identified dredge(s) must have been found technically acceptable prior to the proposal due date and available to meet the required period of performance.

FACTOR 2 - Past performance.

NO SUBMISSION REQUIREMENT. Past Performance information submitted in response to the Dredging MATOC (Solicitation No. W912EP18R0029) will be used to determine the offeror’s record of complying with contractual requirements and meeting acceptable levels of performance risk.

Evaluation Method:

Past Performance was recently evaluated for all contractors under the Dredging MATOC. An "Acceptable" rating was earned under Past Performance for all offerors that received an award in accordance with the solicitation evaluation criteria for the Dredging MATOC (Solicitation No. W912EP18R0029). Therefore, for this task order all offerors will receive the Past Performance rating of "Acceptable".

Note: For future task orders, the Government reserves the right to use recent and relevant project data independently obtained from other Government or commercial sources or from any other sources available to include, but not limited to: (1) the Past Performance Information Retrieval System (PPIRS), (2) Federal Awardee Performance and Integrity Information System (FAPIIS) or Electronic Subcontract Reporting System (eSRS), or other data bases; (3) interviews with Program/Project Managers and Contracting Officers or rely upon personal business experience with the offeror; and (4) consider any information the offeror submits which explains any problems encountered on the identified contract and the offeror's corrective actions. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate. Information related to the contractor’s (or contractor’s team) performance in Quality, Schedule, Management, Regulatory Compliance, and Safety/Security will be reviewed from the aforementioned additional sources to determine the offeror “Acceptable” or “Unacceptable.

FACTOR 3 – Price.

The Offeror’s submission for this factor shall be fully completed. Offeror completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP.

Offerors are required to submit the following:

(1) Completed Line Item and Pricing Schedule (see Section 00010A).

GROUP1-18-R-J012 3 Revision 0003

(2) Bid Guarantee per Section 00700, Clause 52.228-1 and Section 00100A, Attachment 8, Paragraph 2.4.3, of the MATOC.

(3) Completed “Addendum to the Standard Form 1442 with the latest revision”.

THE FOLLOWING INFORMATION IS APPLICABLE ONLY TO THIS TASK ORDER:

Block 7. ISSUED BY:

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD.

JACKSONVILLE, FL 32207-8175

Block 9 -- For additional information contact:

A. NAME: Frederick L. Cooper

EMAIL ADDRESS: Frederick.L.Cooper@usace.army.mil

B. TELEPHONE NO.: 904-232-1186

Block 10 – THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: The proposed project is to nourish approximately 5.5 miles of shoreline Anna Maria Island using beach compatible material. Work consists of beach fill between R-12 to R-41+305. The primary sand source will be located in Passage Key Inlet ebb shoal. The fill template design includes a berm crest elevation of +4.0 feet North American Vertical Datum 1988 (NAVD88). The seaward face of the berm has a slope of 1v:14h from R-12 to R-33 and a slope of 1v:15h for R-33 to R-41+305. The cut depths at the borrow areas vary from 14 feet to 27 feet with a two-foot disturbance depth. Project work also includes, but is not limited to, beach tilling, construction/vibration control and monitoring, turbidity monitoring, pipeline corridor mapping, endangered species monitoring, sea turtle trawl-sweeping(hopper dredges only), beach fill remediation, and incidental related work.

DESCRIPTION OF WORK: Refer to Section 01 11 00 for complete description.

MAGNITUDE OF CONSTRUCTION: Between $15,000,000 and $25,000,000.

THIS SOLICITATION IS FOR GROUP 1 – UNRESTRICTED

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM

THIS NOTICE OF INTENT. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.

THE NAICS CODE FOR THIS NOTICE OF INTENT IS 237990 AND THE SMALL

BUSINESS SIZE STANDARD IS $27.5 MILLION.

mailto:Frederick.L.Cooper@usace.army.mil http://www.sam.gov/

GROUP1-18-R-J012 4 Revision 0003

Block 11 – Refer to FAR Clause 52.211-10 below for required performance period.

Block 12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE

AND PAYMENT BONDS: YES

Block 12B. PAYMENT BONDS DUE WITHIN 10 CALENDAR DAYS AFTER AWARD.

Block 13 ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers to perform the work required are due electronically at the following email addresses by 2:00PM, local time on 20 February 2020 to Frederick.L.Cooper@usace.army.mil; tedra.n.thompson@usace.army.mil and griselle.gonzalez@usace.army.mil.

B. An offer guarantee is required. Electronic copy of the bid guarantee shall be submitted with the offer and the Original must be received within two calendar days of the date due for submittal of offers.

A. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the Notice Intent in full text or by reference.

B. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NOTICE TO OFFERORS: Offerors are to complete Blocks 14, 15, 16, 17, 19, and 20A- 20D below:

Block 14. NAME AND ADDRESS OF OFFEROR (including Zip Code)

DUNS: CAGE:

Block 15. TELEPHONE NO. (Include area code):

Block 16. REMITTANCE ADDRESS: (Include only if different than Item 14)

Block 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this Notice of Intent, if this offer is accepted by the Government in writing within 30 calendar days after the date offers are due.

Block 18. The offeror agrees to furnish any required performance and payment bonds.

Block 19. ACKNOWLEDGMENT OF REVISIONS (The offeror acknowledges receipt of revisions to the notice of intent -- give number and date of each) mailto:Frederick.L.Cooper@usace.army.mil mailto:tedra.n.thompson@usace.army.mil mailto:griselle.gonzalez@usace.army.mil mailto:griselle.gonzalez@usace.army.mil

GROUP1-18-R-J012 5 Revision 0003

REVISION

NO.

DATE

Block 20A. NAME AND

TITLE OF PERSON

AUTHORIZED TO SIGN

OFFER (Type or print to include email address)

Block 20B. EMAIL

ADDRESS

Block 20C. SIGNATURE Block 20D.

OFFER DATE

Block 26 --This Task Order will be administered by:

Tampa Resident Office

Block 27 -- Payment will be made by:

USACE Finance Center 5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

SF 30 CONTINUATION SHEET

Revision 0003

Shore Protection Project, Anna Maria Island, Beach Renourishment 2020, Manatee County, Florida

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment. The entire section is replaced if there is any change. The Project Table of Contents and Submittal Register are replaced without underlines and cross-outs if there are changes to these documents.

Changes to Specifications:

Volume 1 of 2 – Technical Specifications:

DELETE the Addendum to the Standard Form 1442 and REPLACE with the attached revised Addendum to the Standard From 1442

Volume 2 of 2 – Technical Specifications:

NONE

2. DRAWINGS:

NONE

3. OTHER:

ADDED FDEP Permit Modification No. 0039378-018-JN and Department of the Army Permit No. SAJ-2000-03874

(End of Summary of Changes)

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Noah Valenstein Secretary

October 9, 2019

Angie Dunn, Chief Environmental Branch Jacksonville District U.S. Army Corps of Engineers 701 San Marco Blvd.

Jacksonville, Florida 32207 and

Charlie Hunsicker Manatee County Parks and Natural Resources Department 5502 33rd Ave Dr. W Bradenton, Florida 34209 c/o

Michelle Pfeiffer

APTIM

2481 NW Boca Raton Blvd.

Boca Raton, Florida 33431

Permit Modification No. 0039378-018-JN Permit No. 0039378-010-JC, Manatee County Manatee County Beach Nourishment Project

Dear Ms. Dunn, Mr. Hunsicker and Ms. Pfeiffer:

Your request to modify Permit No. 0039378-010-JC was received on July 2, 2019 and has been reviewed by Florida Department of Environmental Protection (Department) staff. The proposed permit modification is to incorporate a Biological Monitoring Plan for the Central Beach Project;

to authorize another one-time use of the 2013 AMI Borrow Area 1; and to authorize the one-time placement on the Coquina Beach template using the borrow area that was previously permitted in Permit No. 00281452-005-JN. The General Conditions, which are applicable to Manatee County, Notice of Permit Modification Permit Modification No. 0039378-018-JN Manatee County Beach Nourishment Project www.floridadep.gov were inadvertently left out of Permit No. 0039378-016-JN, will be included. Updates will also be made to the water quality monitoring conditions, the physical monitoring conditions and the fish and wildlife protection conditions.

PERMIT HISTORY

On August 28, 2013, The Department issued Permit No. 0039378-010-JC to the U.S. Army Corps of Engineers (Corps) for the Manatee County Beach Nourishment Project. The permit authorized the Corps to place beach compatible sand along 4.7 miles of shoreline of Anna Maria Island utilizing an offshore borrow area as a sand source. A Variance for a mixing zone, measuring 200 meters offshore and 2,000 meters down current was requested at the time of application. Since there was insufficient supporting data to justify the size of the proposed mixing zone, the Variance request was later withdrawn.

For additional background, please see the Consolidated Notice of Intent to Issue Joint Coastal Permit and Authorization To Use Sovereign Submerged Lands for Permit No. 0039378-010-JC at the following website:

ftp://ftp.dep.state.fl.us/pub/ENV- PRMT/manatee/issued/0039378_%20Anna%20Maria%20Nourishment/010-

JC%20Manatee%20County%20Nourishment/

On November 26, 2013, the Department issued Modification No 0039378-011-JN, which revised Permit No 0039378-010-JC to extend the mixing zone for the first turbidity event only.

On March 22, 2016, the Department issued Modification No 0039378-016-JN, which added Manatee County as a Co-Permittee.

STAFF ASSESSMENT AND JUSTIFICATION

Biological Monitoring Plan The modification incorporates a Department approved Hardbottom Biological Monitoring Plan (HBMP), dated August 2019, as a binding attachment to the Permit. Though impacts to resources are not expected, inclusion of the nearshore hardbottom and mitigative artificial reef biological monitoring set forth in the HBMP provides the Department with reasonable assurance that, if they occur, any project related unpermitted direct and/or secondary adverse impacts to hardbottom or mitigative reef resources would be documented so they may be offset by mitigation. Specific Conditions 32 and 33 have been revised to incorporate the approved HBMP specific monitoring and reporting required by the HBMP and clarify impact requirements (if they occur).

ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/manatee/issued/0039378_%20Anna%20Maria%20Nourishment/010-JC%20Manatee%20County%20Nourishment/ ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/manatee/issued/0039378_%20Anna%20Maria%20Nourishment/010-JC%20Manatee%20County%20Nourishment/ ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/manatee/issued/0039378_%20Anna%20Maria%20Nourishment/010-JC%20Manatee%20County%20Nourishment/

Manatee County Beach Nourishment Project www.floridadep.gov

Additional One Time Use of the 2013 AMI Borrow Area 1 The modification was requested to allow the federally authorized (“Central Beach”) project to include an additional one-time use of the previously authorized borrow area. The Department’s review indicated that the one-time only limitation on dredging this borrow area was not a consequence of geotechnical, physical or resource specific concerns. Based upon the need to construct the supplemental funding project and the limitation to only dredge the remaining material within the previously approved borrow area the Department will authorize the continued use of the borrow area.

Authorization to fill the Coquina Beach Segment and to dredge both the 2013 AMI Borrow Area II and the 2008 AMI Borrow Area (previously authorized by Permit No 0281452-001-

JC)

Anna Maria Island, located in Manatee County, Florida, experiences historic chronic beach erosion. In response to this erosion, two established beach nourishment projects are maintained on the island: the federally authorized Central Beach Nourishment Project (R-12 to R-36) and the locally sponsored Coquina Beach Nourishment Project (R-33 to R-41 +305). Through supplemental federal funding, the Central Beach Nourishment project has been designated $14.3 million, with a 30-year period for cost-share reimbursement. The Corps must construct the project on their expedited schedule, currently scheduled for January 2020, or risk losing the funding. At the request of the County, the Corps plans to incorporate the Coquina Beach project into the bidding of the Central Beach project. These projects were constructed back-to-back in 2014 using the same dredging contractor, reducing costs by millions of dollars by eliminating a separate dredge mobilization fee. The County and the Corps are coordinating combined construction of these projects in early 2020 to maximize cost savings again. Since the previous permit for the Coquina Beach Project (Permit No. 0281452-001-JC) has expired, the Department recommended that Permit No. 0039378-010-JC for the Central Project also be modified to allow a one-time construction of the non-federal Coquina Beach Nourishment Project using the previously permitted Passage Key Inlet borrow areas. The two project templates overlap between R- 33 and R-36, for the purposes of the upcoming event, the template will use the Central Beach template at R-33 and adopt the Coquina Beach template from R-34 to R-36.

Staff has determined that the fill material to be obtained from the borrow areas is similar to the native beach sediment in terms of color, grain size, sorting, and shell content and that the silt content meets Department standards. Placement of material in the beach project area is expected to maintain the general character and functionality of the coastal system. The Department’s review also indicated that limiting the authorization of the dredging of these borrow areas to one-time only was not a consequence of resource specific concerns. Based upon the need to construct the supplemental funding project and the limitation to only dredge the remaining material within the previously approved borrow area, the Department granted relief from the requirement of Permit No. 0281452-001-JC to establish an inlet management study/plan prior to subsequent use of the borrow areas. Consequently prior to future use (subsequent to the upcoming event) the establishment of an inlet management study/plan will still be required.

Updating Specific Conditions The Department and the Florida Fish & Wildlife Conservation Commission (FWC) have refined the language of Specific Conditions to reduce ambiguity. These changes clarify common misinterpretations and update requirements. As such, updates have been made throughout the permit.

Water Quality A review of the limited turbidity monitoring data from the previous construction event supports the idea that the project may be constructed with less than a 1000-meter mixing zone. During the previous event intermediate turbidity samples were collected at 150 meters, 300 meters, 500 meters and 750 meters. An analysis of the intermediate turbidity samples indicated that none of those samples exceeded the compliance threshold of 29 NTU above background. However, because of the short duration and limited data to support a properly calibrated mixing zone less than 1000 meters, the Department will retain the 1000-meter mixing zone with intermediate monitoring.

Physical monitoring The modification incorporates a Department approved Physical Monitoring Plan (PMP), dated July 2019, as a binding attachment to the Permit which replaces the previously approved PMP.

The Department has updated the physical monitoring requirements requiring surveys be conducted one year after construction and continue every two years thereafter (i.e., one-year post-construction, three-year post-construction, five-year post-construction, etc.) until the next beach nourishment event or the expiration of the project design life, whichever occurs first. The monitoring area will include profile surveys at each of the Department Reference Monuments within the bounds of the beach fill area and along at least 5,000 feet of the adjacent shoreline.

The proprietary authorization shall be revised as follows (strikethroughs are deletions, underlines are additions):

PROPRIETARY AUTHORIZATION:

This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands held in trust by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Sections

253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Board of Trustees delegated, to the Department, the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18- 21.0051, F.A.C., and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. This proprietary authorization has been reviewed in accordance with Chapter 253, Chapter 18-21 F.A.C., and the policies of the Board of Trustees.

As staff to the Board of Trustees, the Department has reviewed the project described above, and has determined that the one-time use of the new three offshore borrow area and the placement of sand on the beach qualify for a Letter of Consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted to Manatee County, the project’s local sponsor, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands.

The project description shall be revised as follows (strikethroughs are deletions, underlines are additions):

The project consists of the placement of beach compatible sand along 4.7 miles of shoreline of Anna Maria Island, utilizing an offshore borrow area as a sand source.

The beach fill template (Central Beach) will have a berm elevation of 4.0 feet North American Vertical Datum 88 (NAVD) and a foreshore construction slope of 1:14 (vertical:horizontal). The project also entails the one-time only placement of beach compatible sand along 1.1 miles of shoreline at Coquina Beach located on Anna Maria Island. The Coquina beach fill template will have a berm elevation of +4.0 feet NAVD, and a foreshore construction slope of 1:15 (vertical:horizontal).

The project location shall be revised as follows (strikethroughs are deletions, underlines are

The Central bBeach nourishment site is located between DEP Reference Monuments R-12 and R-36, along 4.7 miles of shoreline of Anna Maria Island, in Manatee County, Sections 20, 29, 28, 33, 04 and 09, Township 34 South, Range 16 East, extending into the Gulf of Mexico, Class III Waters. The 2013 AMI bBorrow aArea I is located 0.7 miles offshore, at the northern end of Anna Maria Island, in Manatee County, Section 18, Township 34 South, Range 16 East, in the Gulf of Mexico, Class III Waters.

The Coquina Beach nourishment site is located between DEP Reference Monuments R-33 and R-41+305, in Manatee County, Sections 4, 9, 10 and 18, Township 34 and 35 South, Range 16 East. The 2013 AMI Borrow Area II and the 2008 AMI Borrow Area are located on the Passage Key Inlet ebb tidal shoal, approximately 2,000 feet offshore of the north end of Anna Maria Island, in the Gulf of Mexico, Class III Waters.

The general conditions for use by the Corps shall be remain as follows:

GENERAL CONDITIONS (for Army Corps of Engineers):

1. This permit, including its general and specific conditions, must be construed in light of the February 28, 2006 Interagency Coordination Agreement for Civil Works Projects (ICA) between the Department and the Corps. As recognized in the ICA, the Department has the authority to include reasonable conditions in this permit. All of the conditions in this permit, both general and specific, are enforceable to the extent sovereign immunity has been waived under 33 U.S.C. §§ 1323 and 1344(t). The ICA is incorporated herein by reference.

2. All activities approved shall be implemented as set forth in the drawings incorporated by reference and in compliance with the conditions and requirements of this document. The Corps shall notify the Department in writing of any anticipated changes in:

a) operational plans;

b) project dimensions, size or location;

c) ability to adhere to permit conditions;

d) project description included in the permit;

e) monitoring plans.

If the Department determines that a modification to the permit is required then the Corps shall apply for and obtain the modification. Department approval of the modification shall be obtained prior to implementing the change, unless the change is determined by the Department to reduce the scope of work from that authorized under the original permit, and will not affect compliance with permit conditions or monitoring requirements.

3. If, for any reason, the Corps does not comply with any condition or limitation specified herein, the Corps shall immediately provide the Department with a written report containing the following information:

a) a description of and cause of noncompliance;

b) the period of noncompliance, including dates and times;

c) impacts resulting or likely to result from the non-compliance;

d) steps being taken to correct the non-compliance; and

e) the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

Compliance with the provisions of this condition shall not preclude the Department from taking any enforcement action allowed under state law with respect to any non-compliance.

4. The Corps shall obtain any applicable licenses, permits, or other authorizations which may be required by federal, state, local or special district laws and regulations. Nothing herein constitutes a waiver or approval of other Department permits or authorizations that may be required for other aspects of the total project.

5. Nothing herein conveys to the Corps or creates in the Corps any property right, any interest in real property, any title to land or water, constitutes State recognition or acknowledgment of title, or constitutes authority for the use of Florida’s sovereign submerged lands seaward of the mean high-water line or an established erosion control line, unless herein provided, and the necessary title, lease, easement, or other form of consent authorizing the proposed use has been obtained from the State.

6. Any delineation of the extent of a wetland or other surface water submitted as part of the application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this authorization or a formal determination under section 373.421(2), F.S., provides otherwise.

7. Nothing herein authorizes any entrance upon or activities on property which is not owned or controlled by the Corps or local sponsor or conveys any vested rights or any exclusive privileges.

8. This document or a copy thereof, complete with all conditions, attachments, modifications, and time extensions shall be kept at the work site of the authorized activity. The Corps shall require the contractor to review this document prior to commencement of the authorized activity.

9. The Corps specifically agrees to allow Department personnel with proper identification, at reasonable times and in compliance with Corps specified safety standards access to the premises where the authorized activity is located or conducted for the purpose of ascertaining compliance with the terms of this document and with the rules of the Department and to have access to and copy any records that must be kept; to inspect the facility, equipment, practices, or operations regulated or required; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance. Reasonable time may depend on the nature of the concern being investigated.

10. At least forty-eight (48) hours prior to the commencement of authorized activity, the

Corps shall submit to the Department a written notice of commencement of activities indicating the anticipated start date and the anticipated completion date.

11. If historic or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time on the project site, the Corps shall immediately stop all activities in the immediate area which disturb the soil and notify the Department and the State Historic Preservation Officer. In the event that unmarked human remains are encountered during permitted activities, all work shall stop in the immediate area and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

12. Within a reasonable time after completion of construction activities authorized by this permit, the Corps shall submit to the Department a written statement of completion. This statement shall notify the Department that the work has been completed as authorized and shall include a description of the actual work completed. The Department shall be provided, if requested, a copy of any as-built drawings required of the contractor or survey performed by the Corps.

The general conditions for use by the County shall be added as follows (underlines are

GENERAL CONDITIONS (for Manatee County):

1. All activities authorized by this permit shall be implemented as set forth in the project description, permit drawings, plans and specifications approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required pursuant to Rule 62B-49.008, F.A.C.

2. If, for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; and, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

3. This permit does not eliminate the necessity to obtain any other applicable licenses or permits that may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project that are not addressed in this permit.

4. Pursuant to Sections 253.77 and 373.422, F.S., prior to conducting any works or other activities on state-owned submerged lands, or other lands of the state, title to which is vested in the Board of Trustees, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees shall not be considered received until it has been fully executed.

5. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise.

6. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. The issuance of this permit does not convey any vested rights or any exclusive privileges.

7. This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

8. The permittee, by accepting this permit, specifically agrees to allow authorized

Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

9. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date and an affirmative statement that the permittee and the contractor, if one is to be used, have read the general and specific conditions of the permit and understand them.

10. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, shipwreck remains or anchors, dugout canoes or other physical remains that could be associated with Native American cultures, or early Colonial or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)245- 6333 or (800)847-7278, as well as the appropriate permitting agency office. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources. 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 Section 872.05, F.S.

11. Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District mailto:JCPCompliance@dep.state.fl.us office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on as-built drawings electronically submitted to the Department, by email at JCPCompliance@dep.state.fl.us.

For clarity and comprehensiveness, the specific conditions in the existing permit shall be replaced in entirety; strikethroughs and underlines will not be used. This minor modification, hereafter referred to as Permit No. 0039378-018-JN, supersedes Permit No. 0039378-010-JC.

The specific conditions shall be revised as follows (strikethroughs are deletions, underlines are

The following Specific Conditions (1-36) shall be met by at least one of the co- Permittees, according to their respective construction obligations, as indicated below.

When the U.S. Army Corps of Engineers (Corps) is administering the dredging contract, the Corps shall be responsible for Specific Conditions 1-15, 17- 24, 27- 31and 35 (not including any out-year post-construction biological monitoring or beach maintenance) and Manatee County will be responsible for Specific Conditions 16, 25-26, and 32 -34.

When Manatee County (County) is administrating the dredging contract, the County shall be responsible for Specific Conditions 1-36. Neither the Corps nor the County shall be responsible for meeting such conditions for work undertaken by the other pursuant to this permit.

1. The Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with Permittee's contractors, the engineer of record, those responsible for protected species monitoring, staff representatives of the Fish and Wildlife Conservation Commission (FWC) and the JCP Compliance Officer (or designated alternate) prior to each construction event. In order to ensure that appropriate representatives are available, at least twenty-one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below:

JCP Compliance Officer e-mail: JCP Compliance@dep.state.fl.us mailto:JCP%20Compliance@dep.state.fl.us

DEP Southwest District Office Submerged Lands & Environmental Resources 13051 N. Telecom Parkway Temple Terrace, Florida 33637 phone: 813-632-7600 fax: 813-632-7665 e-mail SW_ERP@dep.state.fl.us

FWC Imperiled Species Management Section Florida Fish & Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 phone: (850) 922-4330 fax: (850) 921-4369 or e-mail: marineturtle@myfwc.com

FWC Regional Biologist Contact list: http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/

The Permittee is also advised to schedule the pre-construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the pre- construction conference, the Permittee shall provide written notification, advising the participants (listed above) of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number. If the actual construction start date is different from the expected start date proposed during the preconstruction conference, at least 48 hours prior to the commencement of each dredging event, the Permittee shall ensure that notification is sent to the FWC indicating the actual start date and the expected completion date to ImperiledSpecies@myfwc.com. The Permittee shall also ensure that all contracted workers and observers are provided a copy of all permit conditions.

2. During all dredging operations, the Permittee shall require the dredging contractor to have electronic positioning equipment that continuously measures the vertical and horizontal location of the cutterhead, diagrams, dustpan or clamshell at all times during operations. The horizontal positioning equipment shall be installed on the dredge so as to monitor the actual location of the dredge equipment and be interfaced with the depth monitoring device. This equipment shall provide a permanent record of the equipment's position referenced to State Plane Coordinates and NAVD88. As a part of the final report the Permittee shall provide a daily record of the position of the dredge equipment that includes the dredge area limits with actual and maximum authorized dredge depth referenced to state plane coordinates and NAVD88. Vertical and horizontal accuracy of the mailto:marineturtle@myfwc.com http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ positioning equipment shall also be reported.

3. All reports or notices relating to this permit shall be sent to the Department’s JCP Compliance Officer (e-mail address: JCP Compliance@dep.state.fl.us), unless otherwise specified in the specific conditions.

4. The Permittee shall not store or stockpile tools, equipment, materials, etc., within littoral zones or elsewhere within surface waters of the state without prior written approval from the Department. Storage, stockpiling or access of equipment on, in, over or through seagrass (or other aquatic vegetation) beds or wetlands is prohibited unless within a work area or ingress/egress corridor specifically approved by this permit. Anchoring or spudding of vessels and barges within beds of aquatic vegetation or over hardbottom areas is also prohibited.

5. The Permittee shall not conduct project operations or store project-related equipment in, on or over dunes, or otherwise impact dune vegetation, outside the approved staging, beach access and dune restoration areas designated in the permit drawings.

6. In the event that the Manatee County, the local sponsor for this project, does not conduct all necessary marine turtle protection and monitoring requirements, the Permittee is still responsible for those marine turtle protection measures specified by the applicable U. S. Fish and Wildlife Service (FWS) Biological Opinion and the local sponsor agreement for this project.

Pre-Construction Submittals. No work shall be conducted under this permit until the Permittee has submitted the following at least 15 days (unless otherwise specified below) prior to the date of the pre-construction conference (required in specific condition 1):

a. Final Plans and Specifications: an electronic copy of the final plans and specifications for this project, which must be consistent with the project description, conditions and approved drawings of this permit. The Permittee shall point out any deviations from the project description or the approved permit drawings, and any significant changes that would require a permit modification. The plans and specifications shall be accompanied by a letter indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated mailto:JCP%20Compliance@dep.state.fl.us sites that will be used (such as staging areas, access areas, anchorage areas, etc.) and appropriate contact information for those facilities.

b. Benthic Resource Monitoring Qualifications. To ensure that individuals conducting monitoring of benthic resources have appropriate expertise / experience in surveying hardbottom resources, the Permittee shall submit the names and qualifications of individuals performing biological monitoring at least 30 days prior to the initiation of monitoring tasks required by the approved Hardbottom Biological Monitoring Plan (per Specific Condition 33). Individuals performing biological monitoring shall be certified SCUBA divers, shall have a BS degree or higher in the study of marine biology or a comparable field, shall have scientific knowledge of local benthic marine hardbottom habitats and their flora and fauna, and shall have professional experience in conducting hardbottom monitoring.

The Department will review this information and confirm that monitors are capable of meeting the requirements. The Department will provide written comments regarding any perceived deficits in qualifications or experience. If additional monitoring team(s) are subcontracted, or new staff are added to the monitoring team, proposed changes and qualifications of individuals shall be submitted at least 30 days prior to the proposed individuals participating in any HBMP required monitoring.

c. Pre-construction nearshore hardbottom monitoring results. All raw data collected during the pre-construction (baseline) nearshore hardbottom monitoring event (see Section 5.2 of the HBMP).

d. Turbidity Monitoring Qualifications: The names, credentials

(demonstrating experience and qualifications) and contact information for the individuals who will conduct the turbidity monitoring. Turbidity monitors shall have prior training in water quality monitoring and experience in turbidity monitoring for major dredging projects. The turbidity monitors shall be independent of the design engineer and the dredging/construction contractor. .

e. Turbidity Scope of Work: A Scope of Work for the turbidity monitoring shall be provided to ensure that the right equipment is available and that monitoring protocols will be sufficient to conduct the monitoring correctly at any location, and under any conditions.

f. Draft turbidity sampling map. An example of the geo-referenced map that will be provided with turbidity reports, including aerial photography and the boundaries for benthic resources (pursuant to Specific Condition 36).

g. Fish & Wildlife Monitoring Qualification: To ensure that individuals conducting monitoring of fish and wildlife resources have appropriate qualifications, the Permittee shall provide documentation demonstrating expertise / experience in surveying the types of resources that are present in the project. The Department and FWC will review this information for confirmation that the monitors are capable of meeting the requirements in Specific Conditions 7 through 26. This documentation shall include the following:

i. Marine Turtle Protection: A list of the names and permit numbers for the Marine Turtle Permit Holders;

ii. Shorebird Protection: A list of Bird Monitors with their contact information, summary of qualifications including bird identification skills, and avian survey experience, proposed locations of shorebird survey routes, and the locations of travel routes.

The following conditions are required to minimize impacts to marine turtles:

7. Manatee, Marine Turtle, and Shorebird Protection Conditions. During all construction authorized by this permit, and based on the authorization of incidental take by the National Marine Fisheries Service (NMFS) and the FWS, in accordance with Chapters 161.041 (5) and 379.2431 (1), F.S., the Permittee shall comply with the following conditions intended to protect manatees, marine turtles and shorebirds from direct project effects:

a. All personnel associated with the project shall be instructed The

Permittee shall instruct all personnel associated with the project about the presence of marine turtles, manatees and manatee speed zones, and the need to avoid collisions with (and injury to) these protected marine species. The Permittee shall be responsible for harm to these resources and shall require their contractors to 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 and for killing marine turtles, which are protected under the Endangered Species Act and the Florida Marine Turtle Protection 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 shall follow routes of deep water whenever possible.

c. Siltation or turbidity barriers, if used, shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid entanglement or entrapment. Barriers must not impede manatee or marine turtle movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of marine turtles and manatee(s).The Permittee shall require all on-site project personnel to observe water-related activities for the presence of marine turtles and manatee(s). All in-water operations, including vessels, shall be shutdown if a marine turtle or manatee comes within 50 feet of the operation. For unanchored vessels, operators shall disengage the propeller and drift out of the potential impact zone. If drifting would jeopardize the safety of the vessel then idle speed may be used to leave the potential impact zone. Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

e. Any collision with or injury to a marine turtle or manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922, and to FWC at ImperiledSpecies@myFWC.com. Collision and/or injury should also be reported to the FWS in Jacksonville at 1- 904-731-3336. Any collision with (and/or injury to) a marine turtle shall also be reported immediately to the Sea Turtle Stranding and Salvage Network (STSSN) at SeaTurtleStranding@myfwc.com.

f. Temporary signs concerning manatees shall be posted prior to and during all in- water project activities at sufficient locations to be regularly and easily viewed by all personnel engaged in water-related activities. All signs are to shall be removed by the Permittee upon completion of the project. Two temporary signs that have already been approved for this use by the FWC must shall be used at each location. One sign which reads “Caution Boaters – Watch for Manatees” must shall be posted. A second sign measuring at least 8 ½" by 11" shall explaining the requirements for “Idle Speed/No Wake” and the shut down mailto:ImperiledSpecies@myFWC.com mailto:SeaTurtleStranding@myfwc.com shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Signs already approved by the FWC These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myFWC.comthe email address listed above.

g. All personnel associated with the project shall be instructed about the potential presence of nesting shorebirds protected species and the need to avoid Take of (including injury and disturbance to) these protected species.

h. Beach Driving. All vehicles shall be operated in accordance with the FWC’s Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/ ). Specifically, the vehicle must be operated at a speed <6 mph and run at or below the high-tide line.

Fish and Wildlife Protection Conditions for Dredging Activities:

8. Hopper Dredging. In the event a hopper dredge is utilized, the following requirements shall be met in addition to the Terms and Conditions of the applicable NMFS…