Revision_0001_(002).pdf

ADDENDUM TO THE STANDARD FORM 1442

SAN JUAN HARBOR, PUERTO RICO MAINTENANCE DREDGING

30-FOOT PROJECT, AND MITIGATION PROJECT

SAN JUAN, PUERTO RICO

SPECIAL NOTIFICATION: THIS OPPORTUNITY IS AVAILABLE ONLY TO THE FOLLOWING

CONTRACTORS AWARDED A CONTRACT UNDER SOLICITATION NUMBER

For GROUP 4 use: W912EP-10-R-0026: Orion Marine Construction (W912EP-13-D-0003);

Cavache, Inc. (W912EP-13-D-0004); Cashman Dredging & Marine Contracting (W912EP-13- D-0005); Cottrell Contracting Corporation (W912EP-13-D-0006); Great Lakes Dredge & Dock Company, LLC (W912EP-13-D-0007); Dutra Dredging Company (W912EP-13-D-0008);

Marinex Construction, Inc. (W912EP-13-D-0009); Norfolk Dredging Company (W912EP-13- D-0010); Mike Hooks, Inc. (W912EP-13-D-0011); Weeks Marine, Inc. (W912EP-13-D-0012);

Southern Dredging Co., Inc. (W912EP-13-D-0013); Manson Construction Company (W912EP-13-D-0014); and C. F. Bean LLC (W912EP-13-D-0015)

PROPOSALS WILL NOT BE CONSIDERED FROM ANY ENTITY OTHER THAN THE

PREVIOUSLY LISTED FIRMS INCLUDED IN THE GROUP 4, DREDGING POOL.

TECHNICAL EVALUATION: The award of the task order will be made on the basis of Lowest Price, Technical Acceptable (LPTA); the technical evaluation factors are:

(1) Availability of technically acceptable dredge(s)

(2) Past performance, to include the MATOC (The government reserves the right to obtain copies of all Construction Contract Administration Support System (CCASS) records contained in the US Army Corps of Engineers CCASS database for the Prime Contractor (Offeror) and all Major Sub-Contractors).

SUBMISSION REQUIREMENTS: Contractors are required to submit the following:

(1) All submissions shall be on company letterhead identifying the dredge(s) the contractor proposes to do the work and the location of dredge(s). The identified dredge(s) must also have been found technically acceptable by the Contracting Officer prior to the proposal due date.

(2) Completed Bid Schedule (see Section 00010A)

(3) Bid Guarantee per Section 00700, Clause 52.228-1 and Section 00100A, Paragraph 2.4(c) of the MATOC

(4) Completed “Addendum to the Standard Form 1442”

(5) Revisions- offers shall acknowledge receipt of revisions by completing the “notice to offerors—blocks 14,15 and 20”

THE FOLLOWING INFORMATION IS APPLICABLE ONLY TO THIS TASK ORDER:

Block 9 -- For additional information contact: Timothy A. Donnellan, (904) 232-3055 Timothy.a.Donnellan@usace.army.mil

Block 10 -- Magnitude of Construction is between $5,000,000.00 and $15,000,000.00

GROUP4-10-R-J028 Revision 0001 mailto:Timothy.a.Donnellan@usace.army.mil

Block 11 – The contractor shall begin performance within 45 calendar days and complete performance within 220 calendar days after receipt of the notice to proceed (NTP). This performance period is mandatory.

Block 12 -- The contractor must furnish any required performance and payment bonds within 10 calendar days after award of the task order.

Block 13 -- Sealed offers to perform the work required shall be delivered to the following address not later than: 2:00pm, Local Time on 04 August 2016.

Contracting Division – Attn: Timothy A. Donnellan U.S. Army Corps of Engineers 701 San Marco Blvd.

Jacksonville, FL 32207

NOTICE TO OFFERORS: Offerors are to complete Blocks 14, 15, and 20 below:

Block 14 -- Name and Address of Offeror (including Zip Code):

DUNS: ___________________ CAGE: _______________

Block 15 -- Telephone No. (Include area code): _____________________

Block 20 -- Name and Title of Person Authorized to Sign Offer (type or print):

Type/Print ________________________________________________

Signature: ________________________________________________

E-Mail: ________________________________________________

Offer Date: _______________________________________________

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

North Puerto Rico Resident Office Annex Bldg, Fundación Angel Ramos 2nd Floor, Suite 202 Franklin D. Roosevelt Ave. #383 San Juan, PR 00918

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

SAN JUAN HARBOR, PUERTO RICO MAINTENANCE DREDGING

30-FOOT PROJECT, AND MITIGATION PROJECT

SAN JUAN, PUERTO RICO

The purpose of this revision is to:

1. Provide appendices to Section 01 57 20.

CONTRACT DOCUMENTS:

No Changes

TECHNICAL SPECIFICATIONS:

ADD the attached Appendices A through E to the end of Section 01 57 20

DRAWINGS:

No Changes

APPENDIX A- USACE TRANSPORTATION AND DISCHARGE LOG

Date: Dredging Contractor:

Project Information

Name and Reach:

Permit No. (If applicable):

Loading/Pre-Transit Information

Time of Loading Completion (hh:mm:ss):

Volume (cubic yards): Percent Rock:

Descript.: (e.g., color, water content, type):

Scow Draft: Fore (ft): Aft (ft):

Scow Condition:

Discharge Site Conditions Wind: Direction Speed Sea

State: Wave Height:

Visibility

Transit/Placement Information Time of Departure: Marine

Mammals/Sea Turtles Sighted (Yes / No)

START - Time (DOORS OPEN):

Speed (kts) Bearing Draft (ft., immed. before opening)

Latitude (dec. deg.) Longitude (dec. deg.)

END -- Time (DOORS CLOSED):

Speed (kts) Bearing Draft (immed. after closing)

Latitude (dec. deg.) Longitude (dec. deg.)

NOTES: Periodic Draft/Time/Position observations to be recorded here; conclusion as to whether there is evidence of potential leakage recorded here, statement as to which, if any items on Inspector Checklist required reporting/follow up; other observations as necessary

Trip Number:

Tug Scow and Dredge Information

Tug Name ______________________

Scow___________________________

Dredge Tug Capt. Scowman

Inspector Name:

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix A

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APPENDIX B - DISCHARGE GUIDELINES FOR AN SJS DISPOSAL PROJECT

1. Vessel speeds must not exceed 3 knots during discharge, weather and sea conditions permitting.

2. To help ensure proper discharge within the SJS, and reduce the need for loaded scows to return to the dredging site, the following discharge protocol must be followed:

a) Prior to leaving the dredging site, scows must be inspected to ensure correct operation of mechanical features. Scows must also be inspected for the presence of any conditions that may cause navigation problems. The scow radio-control system (if used on the project) and scow monitoring systems must be inspected for correct operation If any problems with the scow, radio-control system, or scow monitoring systems are encountered, corrections must be made before offshore transport of the scow may proceed.

However, when the primary scow monitoring systems (PSMS) are malfunctioning, dredged material may be transported from the dredging site if scow monitoring contractor personnel are onboard, or are communicating with the USACE-SAJ approved DMI to fix/service the equipment. Alternatively, the backup scow monitoring system (BSMS) may be used while problems with the PSMS are being corrected. However, the BSMS is considered to be emergency backup equipment and may only be used on two consecutive trips offshore.

The BSMS is not to be used as a long-term backup to the PSMS.

b) Scows must be monitored for possible leaks. After leaving the dredging site, the DMI should check the PSMS scow draft count values on a periodic basis and record the draft/time/position observations in the notes section of the transportation and discharge log form (in the notes section) along with a conclusion as to whether there is any evidence of possible leakage. If the counts begin to significantly change during transport, either leakage of dredge material from the scow may be occurring (counts decreasing), or the scow’s hull may be taking on water (counts increasing). However, depending on the specific location of a leak, the opposite trend may occur, according to the direction of a list caused by a leak. Scows suspected of leaking must be inspected before using the scow again. If any leaks are found, they must be repaired prior to using the scow again.

c) Scows must be brought to the SJS using the DGPS (Differential Global Positioning

System) navigation systems of the tugboat and scow. Scow position will be monitored by the PSMS onboard the tugboat. Discharge in SJS boundaries will be documented by the

DMI using the PSMS while the scow position and draft information are monitored automatically by the PSMS.

d) If the PSMS does not show reliable DGPS coordinates in the vicinity of the SJS, the tugboat DGPS and BSMS must be used to estimate the scow position

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix B during discharge. Length of towlines must be estimated and the bearing to the scow from the towing vessel course must also be noted at the time of discharge. The DMI must record the following information if this option is used:

1) coordinates of the tug at the start and end of discharge

2) estimated length and bearing of tow line (distance from tug stern to scow bow)

3) estimate of lateral displacement of scow from target longitude

e) Discharge must only occur at the SJS when reliable GPS coordinates are displayed by navigation systems onboard the towing vessels or scows being used at the SJS.

f) If the PSMS is not functioning properly, discharge must occur within the SJS only if the scow and towing vessel are both within the SJS at the time scow doors are opened.

g) If a situation arises that requires emergency dumping of dredged material outside of the SJS, all reasonable efforts to dump outside of navigation channels and into areas deeper than 200 feet must be made.

3. Voice contact, through radio or direct communication, must be maintained with the scowman

(if used) for the duration of trips. Scow opening must only occur when a direct, voice command has been given to the scowman, or, in the case of radio- controlled scows, direct radio communication with the scow is maintained. A backup radio must be onboard all manned scows.

Hand signals must never be used to direct the scowman regarding scow opening/closing. Radio checks with the scowman must be performed prior to departing the dredge site and enroute in the vicinity of the harbor mouth. Manned scows must not be transported to the discharge location without at least two working modes of radio communication. Radios must have adequate power sources and extra sets of batteries must be kept with any battery operated radios. DMIs will note in their logs the status of radio checks made prior to site departure and enroute to the discharge location, in the comments section of the log form.

4. Scows containing dredged material must not be towed from the dredging site for ocean discharge unless all of the following items are present and fully operational aboard the towing vessel:

- Legible copy of the permit or contract specifications, as related to scow loading, transport, and dredged material discharge;

- A legible copy of the Discharge Guidelines and SJS boundary coordinates received at the pre-construction meeting, or any additional instructions or guidelines as related to scow loading, transport, and dredged material discharge

- PSMS and BSMS*, including bin level sensor on scow

- DGPS navigation system aboard tug

- Radio-control system for scow operation (if scowman is not used)

- Radio and backup radio system aboard scow (if scowman is used)

- Fathometer aboard tug

- a fully operational fax machine must be onboard the towing vessel for use by the SAJ Inspector within 2 hours of each discharge event at the SJS

- an 8” – 12” wide protractor with degrees printed or embossed on the curved surface

- 4” – 8” long dividers for scaling distances off of maps and charts

- scow loading tables for each scow used to transport dredged material

- access to the towing vessel DGPS, fathometer, and radar

- fully operable personal cellphones in possession of each DMI at all times with active phone numbers unique to each phone available for placing and receiving calls at all times

- suitable location for completing paperwork associated with DMI duties

- Full compliance with any other contract or regulatory requirements related to dredged material discharge

* If the PSMS is not functioning properly at the time a scow is ready to be transported from dredging site, the BSMS may be used while the PSMS problems are being corrected.

5. Scows containing dredged material must not be towed from the dredging site for ocean discharge unless ocean/weather conditions are forecast to allow safe and accurate discharge of dredged material within the SJS.

6. Dredged material must never be discharged anywhere outside of the SJS boundary except in cases of emergency. Any discharges at outside the boundaries will be investigated for potential enforcement actions.

7. Scow monitoring equipment, discharge guidelines, and other aspects of dredged material discharge at the SJS may be changed. Notice of any changes will be provided to the dredging contractor for implementation as soon as practicable.

8. Disposal Inspectors who have been approved by USACE-SAJ (DMIs), but have not previously worked on a New York District or USACE-SAJ (i.e., EPA-R2) dredging project, must be accompanied by scow monitoring contractor personnel, or by a DMI who has been working on the project, during the first two trips the DMI works on the project. DMIs who have previously worked on at least one New York District or USACE-SAJ (i.e., EPA-R2) dredging project, but who have not worked on this project, must be accompanied by scow monitoring contractor personnel during their first trip serving as a DMI on this project.

9. Possible changes in the discharge guidelines may be provided after dredging begins.

10. To help ensure that dredged material is transported and placed at the SJS in accordance with the guidelines described above, the attached checklist has been prepared. Items in the checklist must be reviewed by the DMI at the dredging site, while underway, and at the SJS. Each item that is pertinent to the trip must be answered with a “YES” or “NO” answer, along with other information specific to a checklist item. Any item on the checklist that receives a “NO” answer must be reported immediately to the USACE Construction Representative, and a dredging contractor representative not onboard the towing vessel. If the “NO” answer is related to the scow monitoring systems, the scow monitoring contractor must also notify the USACE

Construction Representative. Each discharge trip must use a checklist, to be completed by the

DMI working aboard the towing vessel. Checklists must be signed and dated by the DMI and included as a hard copy attachment to the QC Daily Report.

11. Switching of tugs once an ocean discharge trip has begun must not occur. Towing of any scow loaded with dredged material must be monitored by the scow monitoring equipment/software and documented by a DMI riding aboard the towing vessel.

12. While underway, dredging contractor must adhere to all measures required in Appendix D of this SMMP (i.e., NMFS, Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners)

13. Upon arrival at the ODMDS, the DMI (dredging inspector) must maintain a watch at all times for marine mammals and sea turtles. Discharge of dredged material may not occur when there is a turtle or mammal present at the site; discharge must not occur until the sighted animal has left the disposal area. Animals may not be harassed in any manner to make them leave the area.

14. Failure to adhere to the specifications discussed in these discharge guidelines may result in revocation of the dredging permit and/or a monetary fine.

15. If there are any questions pertaining to the guidance given in this document, or additional clarification of procedures is needed, please contact USACE Construction Representative.

Appendix C - Inspector Checklist

DREDGING PROJECT/REACH:

TUG NAME: SCOW

TRIP NUMBER: DATE

INSPECTOR NAME:

INSPECTOR SIGNATURE:

Answer YES or NO to the following questions. Circle other choices and/or fill in blanks as appropriate. Any item on the checklist that receives a “NO” answer must be reported immediately to USACE Construction Representative. Items receiving “NO” answers must be indicated on the TDL form using the letter-number code next to each item description and described on the TDL form comments section. A supplemental report must be prepared and emailed to USACE Construction Representative to explain any discrepancies/deviations from the

Inspector checklist.

PART A. DREDGING SITE

A1 A legible copy of the contract specifications, as related to scow loading, transport, and dredged material discharge, is in possession of the DMI.

A2 A legible copy of the Discharge Guidelines and ODMDS boundary coordinates received at the pre-construction meeting, or any additional instructions or guidelines as related to scow loading, transport, and dredged material discharge, is in possession of the DMI.

A3 The scow being used to transport the dredged material is mechanically sound, does not leak, and has no visible damage that may cause leaking.

A4 A regularly used scow was used, no backup scow was used.

A5 A scow loading table for the scow being towed is aboard the towing vessel and available for the DMI to use.

A6 The material being dredged has been observed by the DMI for general characteristics

(grain size, color, consistency). Majority of material is dry/thick/watery, color: , mud/sand/gravel/rock.

A7 For scows loaded with any rock (rock is defined as any stones greater than 2.5 inches in diameter), the estimated rock percent has been recorded on the TDL form.

A8 An estimate of the volume of material in the scow has been calculated by the DMI using

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix C the scow loading table and recorded on the TDL form.

A9 Scow contains less volume of dredged material than the maximum volume allowed for discharge during a single trip.

If a scow contains a volume of dredged material greater than the maximum volume allowed for discharge during a single trip, the volume must be decreased below the maximum volume before the dredged material can be transported away from the dredge site.

A10 The scow monitoring systems (PSMS and BSMS) are fully operational and are functioning. Transportation vessels are not allowed to leave the dredging site with any dredged material if a PSMS is not fully operational. However, if scow monitoring system contractor personnel are onboard the transporting vessel to service the equipment, or in communication with the DMI via cellphone or radio, the vessel may depart from the dredging site while malfunctions are being repaired/corrected.

Alternatively, if the BSMS is functional, the scow may be transported from the dredging site. If the PSMS is not functional, the BSMS may only be used on two consecutive offshore discharge trips.

A11 The scow draft pressure value, as displayed by the PSMS system, has been recorded on the TDL form.

A12 A fathometer is fully operational, functioning, and installed on the transporting vessel.

A13 A radio onboard the transporting vessel is operable and can receive NOAA marine weather forecasts and ocean conditions.

A14 Current and forecasted marine weather and ocean conditions at the designated discharge location have been monitored on the radio and will allow safe and accurate discharge of dredged material. Winds at a reporting station closest to the discharge location are presently blowing from the , with ft seas. Winds forecast for the discharge location are from the , with seas.

A15 DGPS navigation system is fully operational, functioning, and installed aboard the transporting vessel.

A16 A radar system is fully operational, functioning, and installed aboard the transporting vessel.

A17 Radio-control system for scow operation (if scowman is not used) is fully operational and functioning.

A18 Radio and backup radio system, for communication between scows and towing vessels, are aboard scow (if scowman is used), are fully operational and functioning.

A19 A fully operable cell phone that can send and receive calls is in the possession of the

DMI onboard the towing vessel.

A20 A protractor is available for use by the DMI aboard the towing vessel.

A21 A compass, for map/chart distance scaling, is available for use by the DMI aboard the towing vessel.

A22 An up-to-date nautical chart that includes the discharge area is available for use by the

DMI.

A23 DMI is provided full access to fathometer, radar, vessel DGPS, and any other equipment/information necessary to conduct DMI duties.

A24 Radio and backup radio checks with the scowman’s radios have been performed with no problems detected, if a scowman is used.

A25 Full compliance with any other contract or regulatory requirements related to dredged material discharge has been met.

A26 Time of departure from dredging site has been recorded on the TDL form.

A27 All other information relative to the dredging site has been entered into the TDL form.

PART B . ENROUTE TO THE DISCHARGE LOCATION

B1 In the vicinity of the Harbor mouth, radio and backup radios aboard the scow have been checked to ensure they are both functioning, if a scowman is used.

B2 Scow draft is being monitored with PSMS.

B3 If the DMI is also a NMFS-approved marine mammal/endangered species observer, observation and appropriate reporting is conducted.

B4 Scow draft pressue varies less than 20 points, or 1.5 feet of draft, from the value at the dredge site.

B5 A gradual increase or decrease in scow draft pressure values (or actual scow draft) is not observed.

B6 If visible, scow does not appear to be listing.

B7 Water behind scow has been observed, if possible, to ensure that no turbid water plumes are present.

B8 Towing vessel DGPS and scow DGPS positions agree using a fixed reference position

(channel marker, buoy, etc.)

B9 Marine weather and sea conditions present and forecast to be present at the discharge location are periodically monitored. An updated marine forecast does not predict conditions that require returning to the dredging site to await safer conditions.

PART C. IN THE VICINITY OF THE DESIGNATED DISCHARGE LOCATION

For discharge at the SJS:

C1 Scow radio control equipment operates without any problems.

C2 Discharge occurred in ODMDS boundaries and was coordinated with towing vessel crew.

C3 Scow draft information immediately prior to scow door opening has been recorded on the

TDL form.

C4 TDL form was completed using the scow monitoring system, or by hand if the scow monitoring system malfunctions, within 30 minutes of scow door opening.

C5 Scow monitoring equipment, transportation vessel navigation equipment, and all other equipment related to discharge of dredged material worked without any problems.

C6 All activities associated with discharge of dredged materials appeared to be conducted in a safe manner.

C7 Nothing occurred that may have resulted in incorrect discharge of dredged material.

C8 TDL form and any supplemental reports e-mailed to the USACE Construction

Representative within 24 hours of scow door, or hopper bin, opening.

C9 A copy of the TDL form has been electronically signed by the DMI and saved to a file/folder to become part of the permanent record of the trip. A disc containing all the folder and all TDL forms, checklists and supplemental reports and information must be submitted to USACE-SAJ when offshore transport of dredged material associated with the project ends, or when the DMI finishes working on the project.

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APPENDIX D - Vessel Strike Avoidance Measures and Reporting for Mariners

NOAA Fisheries Service, Southeast Region (Revised September 2008)

Background

The National Marine Fisheries Service (NMFS) has determined that collisions with vessels can injure or kill protected species (e.g., endangered and threatened species, and marine mammals). The following standard measures should be implemented to reduce the risk associated with vessel strikes or disturbance of these protected species to discountable levels. NMFS should be contacted to identify any additional conservation and recovery issues of concern, and to assist in the development of measures that may be necessary.

Protected Species Identification Training

Vessel crews should use an Atlantic and Gulf of Mexico reference guide that helps identify protected species that might be encountered in U.S. waters of the Atlantic Ocean, including the Caribbean Sea, and Gulf of Mexico. Additional training should be provided regarding information and resources available regarding federal laws and regulations for protected species, ship strike information, critical habitat, migratory routes and seasonal abundance, and recent sightings of protected species.

Vessel Strike Avoidance

In order to avoid causing injury or death to marine mammals and sea turtles the following measures should be taken when consistent with safe navigation:

1. Vessel operators and crews should maintain a vigilant watch for marine mammals and sea turtles to avoid striking sighted protected species.

2. When whales are sighted, maintain a distance of 100 yards or greater between the whale and the vessel.

3. When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50 yards or greater between the animal and the vessel whenever possible.

4. When small cetaceans are sighted while a vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until the cetacean has left the area.

5. Reduce vessel speed to 10 knots or less when mother/calf pairs, groups, or large assemblages of cetaceans are observed near an underway vessel, when safety permits. A single cetacean at the surface may indicate the presence of submerged animals in the vicinity; therefore, prudent precautionary measures should always be exercised. The vessel should attempt to route around the animals, maintaining a minimum distance of 100 yards whenever possible.

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix D

6. Whales may surface in unpredictable locations or approach slowly moving vessels. When an animal is sighted in the vessel’s path or in close proximity to a moving vessel and when safety permits, reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area.

Additional Requirements for the North Atlantic Right Whale

1. If a sighted whale is believed to be a North Atlantic right whale, federal regulation requires a minimum distance of 500 yards be maintained from the animal (50 CFR 224.103 (c)).

2. Vessels entering North Atlantic right whale critical habitat are required to report into the

Mandatory Ship Reporting System.

3. Mariners should check with various communication media for general information regarding avoiding ship strikes and specific information regarding North Atlantic right whale sighting locations. These include NOAA weather radio, U.S. Coast Guard NAVTEX broadcasts, and

Notices to Mariners. Commercial mariners calling on United States ports should view the most recent version of the NOAA/USCG produced training CD entitled “A Prudent

Mariner’s Guide to Right Whale Protection” (contact the NMFS Southeast Region, Protected

Resources Division for more information regarding the CD).

4. Injured, dead, or entangled right whales should be immediately reported to the U.S. Coast

Guard via VHF Channel 16.

Injured or Dead Protected Species Reporting

Vessel crews should report sightings of any injured or dead protected species immediately, regardless of whether the injury or death is caused by your vessel.

Report marine mammals to the Southeast U.S. Stranding Hotline: 877-433-8299

Report sea turtles to the NMFS Southeast Regional Office: 727-824-5312

If the injury or death of a marine mammal was caused by a collision with your vessel, responsible parties should remain available to assist the respective salvage and stranding network as needed.

NMFS’ Southeast Regional Office should be immediately notified of the strike by email

(takereport.nmfsser@noaa.gov) using the attached vessel strike reporting form.

For additional information, please contact the Protected Resources Division at:

NOAA Fisheries Service

Southeast Regional Office th

263 13 Avenue South St. Petersburg, FL 33701

Tel: (727) 824-5312

Visit us on the web at http://sero.nmfs.noaa.gov

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix D http://sero.nmfs.noaa.gov/

APPENDIX E - 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 ex it 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.

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix E

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

GROUP4-10-R-J028 Revision 0001Section 01 57 20 Appendix E