ITB-25-1_Bid_Documents-APPENDIX_A_PERMITS.pdf

CRUISE TERMINAL 5 MARINE IMPROVEMENTS

PN 25-011D

ITB-25-1

25CPA002 BID SET

APPENDIX A – FDEP & USACE PERMITS

NOTE: Final Permit modifications from FDEP and USACE are pending. For bidding purposes use the conditions presented in the permits provided.

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Alexis A. Lambert

Secretary

Permittee/Authorized Entity:

Robert Musser, Director

Environmental Plans and Programs Canaveral Port Authority

445 Challenger Road, Suite 301 Cape Canaveral, FL 32920 bmusser@portcanaveral.com

Project Name or Phase:

Port Canaveral Marine Structures –

Cruise Terminal 5 (CT5) Improvements

Authorized Agent:

James Moore, Project Manager

Jacobs 550 West Cypress Creek Road, Suite 400

Ft. Lauderdale, FL 33309-6104 jim.moore@jacobs.com

Major Modification of Environmental Resource Permit

State-owned Submerged Lands Authorization – Not Applicable

U.S. Army Corps of Engineers Authorization

– Separate Corps Authorization Required

Brevard County Permit No.: 0272477-016-BM

Permit Issuance Date: April X, 2025

Permit Construction Phase Expiration Date: May 23, 2031 mailto:bmusser@portcanaveral.com mailto:jim.moore@jacobs.com

Permittee: Canaveral Port Authority Permit Expiration: May 23, 2031 Project Name: Cruise Terminal 5 (CT5 Improvements) Permit No: 0272477-016-BM www.floridadep.gov

Major Modification of Environmental Resource Permit

Project Name: Port Canaveral Marine Structures –

Cruise Terminal 5 (CT5) Improvements

This major modification, hereafter referred to as Permit No. 0272477-016-BM, supersedes Permit No. 0272477-014-BM. Substantive changes to Permit No. 0272477-014-BM are shown as strikethroughs (deletions) or underlines (additions).

PROJECT DESCRIPTION

The Permittee is authorized to construct new in-water berthing structures at North Cargo Berths 5 and 6, North Cargo Berth 8 (NCB8 - formerly Cruise Terminal 12) and Cruise Terminal 6. Construction of the structures (with associated dredging) was previously authorized under a different design, so this permit authorizes the additional and redesigned construction. All of the new berthing structures will consist of steel sheetpile bulkheads, with below grade concrete relieving platforms and tie-backs. The concrete relieving platforms at North Cargo Berths 5, 6 and 8 will be covered with up to four (4) feet of clean fill landward of the bulkheads. Approximately 800 linear feet of scour protection mats will be installed on the basin floor, along the toe of the bulkhead at Cruise Terminal 6. An impervious surface will be installed landward of both the Cruise Terminal 6 bulkhead and NCB8, and the stormwater runoff from this surface will be collected and treated in an adjacent pond system. The construction of the berth structure at Cruise Terminal 6 will require approximately 40,000 cubic yards of additional dredging. Dredging will be conducted with a clamshell dredge, and the dredged material will be used as construction fill where appropriate or disposed of in the Canaveral Ocean Dredged Material Disposal Site.

The Permittee is also authorized to repair Cruise Terminals 6 (CT-6) and 10 (CT-10) to rectify erosional damage caused by ship bow and stern thrusters. The repairs to CT-6 will include leveling the floor of CT-6 at a depth of -38 feet mean lower low water (MLLW) by dredging 4,700 cubic yards of material from shallower areas and using 1,100 cubic yards of the dredged material to fill the deeper areas, then installing 77,655 square feet of scour protection mat with a top elevation of -37 feet MLLW. The remaining dredged material will be placed into an existing upland containment area (MDA-1). Dredging will occur from barge-mounted equipment with material transfer via haul trucks to the upland containment area. Mats will be installed using barge-mounted equipment with diver-assisted installation.

Project Name: Cruise Terminal 5 (CT5 Improvements)

The authorized repairs to CT-10 include the following: seven (7) grout seals at concrete piles that protrude through the scour mat system; grout sealant of two (2) scour mat edges and three (3) separated seams; grout sealant of one (1) collapsed section of scour mats along a shallow earth retaining wall with new mats and grout; installation of three (3) missing scour mat sections; and the installation of new sausage mats filled and sealed with grout along the eastern edge of the scour mat system. The material placement and installation will be conducted by divers assisted with barge mounted or landside equipment.

The Permittee is also authorized to construct a 120-foot-long by 40-foot-wide concrete pier extension on the south side of Cruise Terminal 5 (CT-5). Concrete piles will be installed through an existing scour protection mat by individual cuts made through the mat at each pile location. If needed, a replacement scour protection mat will be installed around the new piles. A 20-foot-long catwalk, from the pier extension to an adjacent mooring dolphin, will also be constructed.

The Permittee is also authorized to deepen the West Turning Basin adjacent to North Cargo Berth 8 (NCB8) and to dredge/excavate the area adjacent to the bulkhead wall for installation of a scour protection mat. Roughly 158,000 cubic yards of material will be dredged from an area of roughly 9.2 acres within the West Turning Basin, adjacent to NCB8, resulting in a maximum depth of -36 feet mean lower low water (MLLW), inclusive of a 1-foot allowable over-dredge. The dredged material will be placed directly into container scows for transport and disposal in the ODMDS. Roughly 14,500 cubic yards of material will also be dredged from an area of approximately 0.65 acres adjacent to the bulkhead wall at NCB8, to create the 3:1 articulated slope required for the scour protection mat. This material will be used as backfill for the berth (landward of the bulkhead wall) and any additional material will be placed in the upland spoil disposal site (MDA-1). The deepening of NCB8 and the installation of the scour mat were both previously authorized under separate permits, which have expired. The Permittee is also authorized to construct a 120-foot by 114-foot concrete platform at the southern end of the NCB8 in lieu of two permitted mooring dolphin piles and an associated catwalk as depicted in the previously authorized drawings dated March 15, 2016.

The Permittee is also authorized to demolish and remove two 400-foot by 50-foot piers, to construct a new bulkhead wall approximately 1,863 feet in length and approximately 15 feet waterward of the existing bulkhead; and to place approximately 4,685 cubic yards of back fill between the new bulkhead and old bulkhead at North Cargo Berths 3 and 4.

To facilitate temporary barge mooring, one (1) temporary 66-inch diameter steel mooring dolphin monopiles shall be installed waterward of the new bulkhead location, and five (5) temporary 24-inch steel monopiles shall be installed to provide catwalk access to the two western-most mooring dolphins. The temporary monopiles will be removed after the new bulkhead is completed.

Project Name: Cruise Terminal 5 (CT5 Improvements)

The Permittee is also authorized to construct new berthing structures at Cruise Terminal 3, along with associated dredging of 61,281 cubic feet of material from the berthing area to accommodate Oasis-class cruise vessels. This work will include the following:

demolishing all existing concrete pile supported piers at Cruise Terminal # 3 and a part of the existing cruise Terminal # 2; removing approximately 41,425 square feet (0.95 acres) of concrete pier structures; removing approximately 0.07 acres of shoreline protection riprap at the west end of the existing CT#3 berth; installing 1,450 liner feet of bulkhead that is located approximately 134 feet waterward of the existing bulkhead; installing a submerged toe wall at each end of the new bulkhead; installing two (2) mooring bollards at the eastern end of the berth; installing four (4) mooring dolphins, located to the west of the berth; backfilling approximately 2.2 acres between the existing bulkheads and the new bulkhead, to an elevation of +11 feet MLLW, with approximately 70,830 cubic yards of clean fill material from an upland source; capping the filled area with concrete;

dredging approximately 61,281 cubic yards of material from a portion of the basin, located north of the new bulkhead, to an elevation of -37 feet MLLW, with a two-foot additional over-depth, for a maximum allowable dredge depth of -39 feet MLLW; and installing 192,838 square feet (4.4 acres) of scour protection mat at the base of the new bulkhead. All dredged material will be deposited in the Canaveral Ocean Dredged Material Disposal Site (ODMDS).

The Permittee is further authorized to install additional structures and accesses at Cruise Terminals 5, 8 and 10 and North Cargo Berth 8. The improvements are generally described as follows:

CT- 5: A 120-foot by 40-foot pile supported concrete pier extension with two (2) new foam filled fenders. An existing mooring dolphin and catwalk will be abandoned in place of the pier extension. A new pile supported mooring dolphin platform and pile supported catwalk access with a 62.5-foot offset from the relocated West Turning Basin federal project limits. Six new 52-inch diameter steel pipe monopile shore dolphins at the north end of the existing pier. An additional monopile shore dolphin will be placed at the north end of the existing pier. Four pier infills, catwalk and pier extension with new concrete pile supported deck with a new fender will be installed.

Approximately 760 feet of new bulkheaded and return wall will be installed between CT-5 and NCB 8, along with the installation of 1.0 acres of scour protection mat at the base of the bulkhead wall.

CT-8: Sixteen (16) new foam filled fenders along the berth face. Two (2) access ramp expansions between the pier and bulkhead for increased gangway access. Two new 66-inch diameter steel pipe mooring dolphins and a 30-inch steel pipepile supported catwalk. Pier deck strengthening with carbon fiber reinforced polymer deck units for approximately 58 feet of the existing pier.

Project Name: Cruise Terminal 5 (CT5 Improvements)

CT-10: One new 52-inch diameter steel pipe monopile shore dolphin at the west end of the existing pier. Two (2) access ramp expansions between the pier and bulkhead.

The pier access ramps will be supported with 30-inch steel pipe piles. The access ramp expansions will require removal of three (3) existing monopile shore dolphins one. One (1) approximately 43-foot by 25-foot new mooring dolphin platform with cat-walk access using 30-inch and 66-inch steel pipe pile supports. The new platform has a 100-foot offset from the relocated federal project limits.

NCB-8: A 180 foot by 115-foot pile supported pier extension with eight (8) new rubber fenders. Two (2) concrete platforms, dimensions 180 by 114 feet and 142 by 60 feet respectively, with fenders installed on portions contiguous with existing berth bulkhead faces.

The Permittee is also authorized to deepen the dredge areas at North Cargo Berth 8, North Cargo Pier 1(NCP1), North Cargo Pier 2 (NCP2), and the West Turning Basin to a depth of -43 feet mean lower low water (MLLW) inclusive of a 2-foot allowable over-dredge. Approximately 175,613 cubic yards of material will be removed from an 11.37-acre area adjacent to the bulkhead wall at NCB8. Additionally, a volume of roughly 112,308 cubic yards will be dredged from a 10.23-acre area in the Western Turning Basin and approximately 15,830 cubic yards will be dredged from the 3.56-acre area adjacent to North Cargo Piers 1 and 2. Additionally, a volume of 75,000 cubic yards will be dredged from 2.1 acres in the West Turning Basin at the bulkhead wall between CT-5 and NCB 8 to -43 mean low water (MLW) inclusive of a 2-foot allowing over-dredge depth. All dredged material will be deposited in the Canaveral Ocean Dredged Material Disposal Site (ODMDS).

This major modification does not alter the May 23, 2031, expiration date. Authorized activities are depicted on the attached exhibits.

PROJECT LOCATION

The activities authorized by this permit are located in the vicinity of the of the Canaveral Harbor, Class III Florida Waters, NOT sovereign submerged lands, Sections 10 and 11, Township 24 South, Range 37 East, in Cape Canaveral, Brevard County. The center of the Canaveral Harbor Ocean Dredged Material Disposal Site (ODMDS) is located approximately 5.5 miles offshore (east) of Cocoa Beach and 6.7 miles south of the Canaveral Harbor Inlet. The upland disposal site, MDA-1, is located on the west side of Port Canaveral, Parcel I.D. 24-37-15-00-00001.0- 0000.00, Cape Canaveral, in Brevard County, Section 15, Township 24 South, Range 37 East.

Concrete structures and associated debris removed during the demolition work will be hauled off-site, to an approved upland disposal or recycling facility.

Project Name: Cruise Terminal 5 (CT5 Improvements)

AUTHORIZATIONS

Port Canaveral Marine Structures

Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit.

Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).

Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not on submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C.

Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization may be required from the Corps. If you have not already done so, we recommend that you send a copy of your application to the Corps for review. The Corps will issue their authorization directly to you or contact you if additional information is needed.

Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida’s Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.

This permit does not relieve you of the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

Project Name: Cruise Terminal 5 (CT5 Improvements)

PERMIT

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.

SPECIFIC CONDITIONS – ADMINISTRATIVE

1. If the General Conditions, approved permit drawings or final Plans & Specifications contradict the Specific Conditions, then the Specific Conditions shall prevail.

2. Unless otherwise specified in the specific conditions of this permit, all submittals required herein shall be submitted electronically (via e-mail, CD or DVD, or through a file transfer site) as soon as practicable. Email submittals shall be sent to both the JCP Compliance Officer at JCPCompliance@dep.state.fl.us and the Central District Office (cover letter only) at DEP_CD@dep.state.fl.us. If a file transfer site is used, a link shall be emailed to the relevant parties.

* Note: such submittals include, but are not limited to, as-built drawings, progress reports and turbidity monitoring reports. All submittals shall clearly indicate the project name (Port Canaveral Marine Structures Project) and the permit number

(0272477-016-BM) (0272477-014-BM).

3. Progress reports for the activities authorized by this permit shall be submitted to the JCP

Compliance Officer every 6 months following the commencement of construction (i.e., initiation of any activities authorized by the permit), and shall continue to be submitted bi-annually until construction of the project is completed (i.e., all activities authorized by this permit, in the active project phase, have been completed). Progress reports shall be submitted to the JCP Compliance Officer, even if there is no ongoing construction.

Reports shall include the following:

a. Brief description and extent of the work completed since the permit was issued or since the previous report. Indicate on the drawings those areas where work has been completed.

mailto:JCPCompliance@dep.state.fl.us mailto:DEP_CD@dep.state.fl.us

Project Name: Cruise Terminal 5 (CT5 Improvements)

b. Brief description and extent of the work anticipated in the next 6 months. Indicate on the drawings those areas where it is anticipated that work will be performed and / or completed in the next 6 months.

SPECIFIC CONDITIONS – PRIOR TO ANY CONSTRUCTION

4. Pre-Construction Conference. Prior to commencement of the work authorized by this permit, the Permittee shall conduct a pre-construction conference to review the General and Specific Conditions and monitoring requirements of this permit with the Permittee’s contractors, those responsible for turbidity monitoring, the JCP Compliance Officer (or designated alternate), and a representative from the Florida Fish and Wildlife Conservation Commission (FWC) (phone: 850-922-4330, email:

marineturtle@myfwc.com). The Permittee is advised to contact the Department and FWC at least ten (10) days in advance of the preferred meeting date to ensure that appropriate representatives are available.

The Permittee is also advised to plan to hold the pre-construction conference at least twenty (20) days in advance of the intended commencement date to allow for unanticipated preconstruction actions that may need to be taken. At least seven (7) days in advance of the preconstruction conference, the Permittee shall email a notification to the participants listed above, advising them of the agreed-upon date, time and location of the meeting, a meeting agenda and a teleconference number.

5. For each construction event under this permit, no work shall commence until the

Permittee has satisfactorily submitted all information noted in this condition. At least 45 days prior to commencement of construction, the Permittee shall submit the following items for review by the Department. Unless otherwise notified by the Department within 15 days of receipt of all information specified below, the Permittee shall assume the submittals are satisfactory:

a. An electronic copy of detailed final construction plans and specifications for all authorized activities. The plans and specifications must be consistent with the project description of this permit and the attached permit drawings, and shall also be certified by a Professional Engineer (P.E.), who is registered in the State of Florida.

The plans and specifications shall include a description of the dredging and construction methods to be utilized and drawings and surveys that show all biological resources and work spaces (e.g., anchoring areas, staging areas, boat access corridors, etc.) to be used for this project.

b. A copy of the Contractor’s Environmental Protection Plan, or equivalent, which provides project-specific details of the Best Management Practices (BMPs) that will mailto:marineturtle@myfwc.com

Project Name: Cruise Terminal 5 (CT5 Improvements) be implemented to prevent erosion, turbidity and the release of hazardous substances at the dredge/scow, staging areas or during the transfer of material to offshore disposal sites.

c. 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. Please note: The requirement for an independent third-party monitor for the non-dredging portion of the permitted in-water construction work may be reconsidered on an event-by-event basis; provided the Permittee presents the credentials for the qualified, experienced personnel who are proposed for turbidity monitoring.

Turbidity Monitoring: In order to assure that turbidity levels do not exceed the compliance standards established in this permit, construction at the project site shall be monitored closely by an independent third party with formal training in water quality monitoring and professional experience in turbidity monitoring for coastal construction projects. Also, an individual familiar with in-water construction techniques and turbidity monitoring shall be present at all times when turbidity generating activities are occurring. This individual shall have authority to alter construction techniques or shut down the dredging or beach construction operations if turbidity levels exceed the compliance standards established in this permit. Please note: The requirement for an independent third-party monitor for the non-dredging portion of the permitted in-water construction work may be reconsidered on an event-by-event basis; provided the Permittee presents the credentials for the qualified, experienced personnel who are proposed for turbidity monitoring.

i. Qualifications. The names, credentials (demonstrating experience and qualifications) and 24-hour contact information of those individuals performing these functions;

ii. A Scope of Work for the turbidity monitoring to ensure that the right equipment is available to conduct the monitoring correctly at any location, and under any conditions;

iii. Draft turbidity sampling map. An example of the geo-referenced map that will be provided with turbidity reports, including aerial photography and the boundaries of biological resources and/or OFW (pursuant to Specific Condition 19i)

Project Name: Cruise Terminal 5 (CT5 Improvements) d A Scope of Work for the turbidity monitoring 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.

d. A Marine Species Watch Plan detailing the proposal for observing protected marine species (manatees, marine turtles, dolphins, etc.). This plan shall include:

i. a list of all observers associated with the project (their names, credentials, qualifications, contact information and a description of their observational experience (nighttime and daytime experience)Prior to in-water construction, all Protected Marine Species Observers must be verified by the Permittee, as having the required experience for this particular project and meet the criteria outlined in the Observer Guidelines for Protected Species Monitoring Programs in Florida State Waters manual. To be verified, observers must have significant on-the-job experience observing manatees and marine turtles as referenced in Special Condition [##];

ii. aA description of where the observers will be located during work and how they will cover the areas required (the observers shall be in elevated positions, if possible, to maximize visibility). and tThis description shall include when tugboats and crew vessels are mooring to the dredge;

iii. tThe time duration length of work shifts for the observers;

iv. tThe equipment used to aid in observation (recommend having a spotlight available to use if needed); and

v. The equipment used to communicate with the dredge operator.

Prior to in-water construction, all Marine Species Observers must be approved by FWC, as having adequate experience for this particular project. In order to receive approval from FWC, observers must have significant on-the-job experience observing protected marine species, such as manatees and marine turtles, during major dredging projects. After FWC reviews the proposed watch plan and observers, modifications or suggestions for improvements to these conservation measures may be required; and

e. Documentation that the U.S. Environmental Protection Agency (EPA) has determined that the dredged material is suitable for placement into the ODMDS.

f. An estimated schedule of all intended activities to be covered under the proposed construction event.

https://myfwc.com/media/a14gnftv/observerguidelines.pdf

Project Name: Cruise Terminal 5 (CT5 Improvements)

6. At least 48 hours prior to the commencement of demolition or construction activity, the Permittee shall ensure that notification of the actual start date is sent to the JCP Compliance Officer (email address: JCPCompliance@dep.state.fl.us).

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

7. The Permittee is prohibited from storing or stockpiling project-related tools or materials

(e.g., lumber, pilings, debris) within wetlands, along the shoreline within the littoral zone or elsewhere within waters of the state. Any and all construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit.

8. No equipment or barges shall be temporarily stored, anchored on, or laid on or over seagrass beds or other wetland vegetation without prior written approval from the Department.

9. No direct or secondary impacts are authorized to wetlands, submerged aquatic vegetation or hardbottom communities. If any such impacts occur, the Permittee shall immediately report the incident to the Department and take immediate corrective action to avoid any further impacts. Within 30 days of any such event, the Permittee shall propose a remediation/mitigation plan, which shall be implemented immediately upon approval by the Department.

10. In association with General Condition No. 3 below, BMPs for controlling turbidity shall be utilized where appropriate and maintained at all times during project construction to minimize turbidity generation at the dredge and pier construction areas. At the dredge, BMPs may include, but are not be limited to, turbidity curtains and an “environmental” (i.e., sealed) clamshell bucket. For in-water work associated with pier construction, BMPs may include, but are not be limited to, permanent bulkheads and additional turbidity barriers as required. Turbidity control devices, if proposed, shall be installed prior to the commencement of construction in any given area, or prior to commencement of the particular activity, and shall be maintained daily to ensure integrity and functionality until post-construction clean-up of each work area has been completed, or until removal on completion of the particular activity. Temporary turbidity barriers shall be made of material in which manatees or marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee or marine turtle entanglement or entrapment. Turbidity control devices must not impede manatee or marine turtle movement. For upland work associated with pier construction, the fill material shall be stabilized with seed and mulch once final grading is complete. BMPs shall generally adhere to the guidance in the Florida “Erosion and Sediment Control - Designer and Reviewer Manual,” which is available at the following website:

Project Name: Cruise Terminal 5 (CT5 Improvements)

//efaidnbmnnnibpcajpcglclefindmkaj/ https://www.fdot.gov/docs/default-source/roadway/drainage/files/Erosion-Sediment-Control.pdf

Note that hay bales shall be isolated from runoff water to avoid nutrient enrichment.

11. Discharge, such as dewatering or stormwater runoff, into surface waters of the state from any temporary dredged material containment area is prohibited, except for dewatering from pier construction areas that are contained by sheetpiles.

12. All material removed during the demolition of the existing structures shall be transported to an approved upland disposal or recycling site. If immediate transportation is not practicable, then the debris may be temporarily stored on site within a containment bin or upland containment area. However, final disposal shall be completed within 30 days following completion of the project.

13. Unless the dredged material will be placed in an approved upland containment area, mechanically (e.g., clamshell or backhoe) dredged material shall be transported to the Canaveral Harbor ODMDS via a vessel with a fully enclosed containment bin. Water or dredged material placed in the disposal barge or scow shall not be allowed to flow over the sides or leak from such vessels during transportation to the Canaveral Harbor

ODMDS.

Water Quality

14. The maximum mixing zone for turbidity shall be a circle with a radius of 150 meters, originating from the source of the turbidity. In areas where permanent (e.g., pier bulkheads) or floating turbidity barriers are used to restrict turbidity plumes emanating from the pier construction site, the mixing zone shall end immediately outside of the barrier. Beyond the mixing zone, the turbidity standard (29 NTUs above the corresponding background turbidity level) shall be met during dredging, filling, installation of scour protection mats, transport, and the installation of sheetpiles or other pilings.

15. Turbidity monitoring shall be conducted as described below:

Units: Nephelometric Turbidity Units (NTUs).

Frequency: Sampling shall be conducted two (2) times daily and at least four (4) hours apart during dredging or pier construction activities, starting approximately 30 minutes following commencement of work, and at least one hour after the passage of a ship, while the highest project-related turbidity levels from the clamshell bucket, barge overflow or pier https://www.fdot.gov/docs/default-source/roadway/drainage/files/Erosion-Sediment-Control.pdf https://www.fdot.gov/docs/default-source/roadway/drainage/files/Erosion-Sediment-Control.pdf

Project Name: Cruise Terminal 5 (CT5 Improvements) construction are crossing the edge of the mixing zone. Also, whenever an observable work-generated plume extends beyond the mixing zone such that there is a likelihood of an exceedance of the turbidity standard. The compliance samples and the corresponding background samples shall be collected at approximately the same time, i.e., one shall immediately follow the other.

Location: Background: Sampling shall occur at surface, mid-depth, and (for sites with depths greater than 25 feet) 2 meters above the bottom, clearly outside the influence of any artificially generated turbidity plume. Samples shall be collected at least 300 meters up-current from the source of turbidity.

Compliance: Sampling shall occur at surface, mid-depth, and (for sites with depths greater than 25 feet) 2 meters above the bottom, within the densest portion of any project-related turbidity plume. If no plume is visible, follow the likely direction of flow.

Dredge Sites: Samples shall be collected 150 meters down-current from the clamshell bucket and the overflow point from the scow, and from any other source of turbidity generated by project activities.

Construction/Demolition Sites encompassed by sheet piling or contained within a floating turbidity barrier: Samples shall be collected immediately outside of the turbidity control device. This sampling shall only be required if a turbidity plume is observed outside the limits of the turbidity control device.

Construction/Demolition Sites not encompassed by sheet piling and not contained within a floating turbidity barrier: Samples shall be collected 150 meters down-current from the source of turbidity generated by the construction/demolition activities.

Calibration and Verification: The instruments used to measure turbidity shall be fully calibrated with primary standards within one month of the commencement of the project, and at least once a month throughout the thereafter during project construction.

Calibration with secondary standards shall be verified each morning prior to use, after each time the instrument is turned on, and after field sampling using two secondary turbidity “standards” that bracket the anticipated turbidity samples. If the post-sampling calibration verification value deviates more than 8% from the previous calibration value, results shall be reported as estimated and a description of the problem shall be included in

Project Name: Cruise Terminal 5 (CT5 Improvements) the field notes. Calibration procedures shall be recorded in a permanent logbook, and copies shall be submitted with the data.

Analysis of turbidity samples shall be performed in compliance with DEP-SOP-001/01 FT 1600 Field Measurement of Turbidity:

http://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops/ft1600.pdf

If the turbidity monitoring protocol specified above prevents the collection of accurate data, the person in charge of the turbidity monitoring shall contact the JCP Compliance Officer to establish a more appropriate protocol. Once approved in writing by the Department, the new protocol shall be implemented through an administrative permit modification.

16. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during dredging. If monitoring reveals turbidity levels at the compliance sites are greater than 29 NTUs above the corresponding background turbidity levels, construction activities shall cease immediately and shall not resume until corrective measures have been taken and turbidity has returned to acceptable levels.

Any such occurrence shall be immediately reported to the JCP Compliance Officer via email at JCPCompliance@dep.state.fl.us and copied to the DEP Central District Office at DEP_CD@dep.state.fl.us. The subject line of the email shall state: “TURBIDITY EXCEEDANCE” and shall include the project name (Port Canaveral Marine Structures) and the permit number (0272477-016-BM) (0272477-014-BM).

17. Water and excavated material shall not excessively overflow, leak out, or spill out of barges, dump scows, or hopper dredges while in route to the ODMDS. Excessive leakage is defined by average loss of draft during transit from the dredging area to the disposal area (forward draft loss plus aft draft loss divided by 2) in excess of 1 foot. If excessive leakage occurs, the leak shall be repaired, or the method of operation shall be changed prior to continuing operation of the equipment for this project.

If leakage from a scow, barge or hopper dredge causes a visible turbidity plume (or any other project-associated turbidity source other than dredging), turbidity shall be monitored as close to the source as possible, once an hour. If the turbidity level exceeds 29 NTUs above background, the construction activities related to the exceedance shall cease immediately and shall not resume until corrective measures have been taken and turbidity has returned to acceptable levels. This turbidity monitoring shall continue every hour until background turbidity levels are restored or until otherwise directed by the JCP Compliance Officer. The Permittee shall notify the JCP Compliance Officer of such an event within 24 hours of the time the Permittee first becomes aware of the discharge. The subject line of the email shall state: “OTHER PROJECT-ASSOCIATED DISCHARGE, TURBIDITY EXCEEDANCE”, and shall http://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops/ft1600.pdf mailto:DEP_CD@dep.state.fl.us

Project Name: Cruise Terminal 5 (CT5 Improvements) include the project name (Port Canaveral Marine Structures) and the permit number

(0272477-016-BM) (0272477-014-BM).

18. When reporting a turbidity exceedance, the following information shall be included:

a. Project Name (Port Canaveral Marine Structures) and project phase;

b. Permit Number (0272477-016-BM) (0272477-014-BM);

c. Location (shown on map with GPS coordinates);

d. Level (NTUs above background) of the turbidity exceedance;

e. Time and date that the exceedance occurred; and

f. Time and date that construction ceased.

Prior to re-commencing the construction, a report shall be emailed to the JCP Compliance Officer with the same information that was included in the “Exceedance Report”, plus the following information:

a. Turbidity monitoring data collected during the shutdown documenting the decline in turbidity levels and achievement of acceptable levels;

b. Corrective measures that were taken; and

c. Cause of the exceedance.

19. Turbidity Monitoring Reports. All turbidity monitoring data shall be submitted on a weekly basis within seven days of collection. The data shall be presented in tabular format, indicating the measured turbidity levels at the compliance sites for each depth, the corresponding background levels at each depth and the number of NTUs over background at each depth. Any exceedances of the turbidity standard (29 NTUs above background) shall be highlighted in the table. In addition to the raw and processed data, the weekly reports shall also contain the following information:

a. Time of day samples were taken;

b. Dates of sampling and analysis;

Project Name: Cruise Terminal 5 (CT5 Improvements)

c. GPS location of sample and turbidity source. When possible, coordinates should be provided in decimal degrees with a 5 decimal level of precision (i.e., 0.00001). Please also indicate the datum;

d. Depth of water body;

e. Depth of each sample;

f. Antecedent weather conditions, including wind direction and velocity;

g. Tidal stage and direction of flow;

h. Water temperature;

i. a geo-referenced map, overlaid on an aerial photograph, indicating the sampling locations (background and compliance), location of active construction, the visible plume pattern and direction of flow. The map shall also include the boundaries of any benthic resources or OFW. A sample map shall be submitted to and reviewed by the Department prior to construction (Specific Condition 5c)

j. A statement describing the methods used in collection, handling, storage and analysis of the samples;

k. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection, calibration of the meter, accuracy of the data and precision of the GPS measurements; and

l. When samples cannot be collected, include an explanation in the report. If unable to collect samples due to severe weather conditions, include a copy of a current weather report from a reliable, independent source, such as an online weather service.

Weekly turbidity mMonitoring reports shall be submitted by email electronically to the Department’s JCP Compliance Officer. at JCPCompliance@dep.state.fl.us. In the subject line of the reports, include the Project Name, Permit Number, and the dates of the monitoring interval. Reports shall be submitted under a cover letter containing the following statement: “This information is provided in partial fulfillment of the monitoring requirements in Permit No. 0272477-016-BM 0272477-014-BM, Port Canaveral Marine Structures – (include project phase).” When submitting this information to the Department’s JCP Compliance Officer, on the cover page to the submittal and at the top of each page, please state: “This information is provided in partial fulfillment of the monitoring requirements in Permit No. 0272477-016-BM, for the Port Canaveral Marine Structures Project. The cover letter shall summarize

Project Name: Cruise Terminal 5 (CT5 Improvements) any significant compliance issues. Also, please clearly reference the permit number and project name on each page of the report.

20. An overall summary of all monitoring activity shall be submitted to the JCP Compliance

Officer at as soon as the data becomes available and has been checked for quality assurance, but no more than 90 days after the end of the project. The summary shall be provided in an Excel spreadsheet, and shall include all raw data (copies of scanned field sheets), the records of daily observations, the GPS location of all background, compliance and intermediate sample sites (latitude and longitude in decimal degrees), and times the samples were collected. If the raw data files are too large to email at the time of the request, the data shall be made available either via a data storage device (provided by the Permittee) or shall be placed by the Permittee on a file transfer site that is accessible to the Department.

21. Other Submittals: In the event that there is significant leakage or accidental disposal of dredged material into the waters of the State, the Permittee shall submit a disposal summary report for the misplaced material to the JCP Compliance Officer at JCPCompliance@dep.state.fl.us. The disposal summary report shall be sent within 14 days after the event. The disposal summary report shall include the following information:

a. Project title; date(s) of disposal event; permit number and expiration date;

b. A summary of the cause leading to the violation of the special conditions defined in this permit;

c. Identification of the vessels (name and type) and the master of the vessel that cause the violation

d. Trip number

e. Time at the start and at end of the trip

f. Vessel drafts at the start and at the end of the trip

g. Estimate of volume of material disposed in State waters

h. Description of material disposed

SPECIFIC CONDITIONS – PROTECTED MARINE SPECIES

Project Name: Cruise Terminal 5 (CT5 Improvements)

22. 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 notify the FWC at ImperiledSpecies@MyFWC.com 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 and the Marine Species Watch Plan.

23. Marine Observer Requirements.

The Permittee shall ensure that protected marine species (manatees, marine turtles, dolphins, etc.) observations during in-water work are conducted by individuals with documented previous experience during projects that are similar in nature to the work in this authorization and meet the criteria outlined in the Observer Guidelines for Protected Species Monitoring Programs in Florida State Waters manual.

During all in-water work, the Permittee shall have dedicated marine species observers present. In-water work shall not commence until the Marine Species Observers have been approved by FWC. Observers shall perform no other duties that may interfere with their ability to observe protected marine species. Observers shall be outfitted with equipment needed for observation (such as binoculars, polarized sunglasses, two-way radios, lights etc.). The Permittee shall give observers the authority to, and shall require them to, shut down project operations upon sighting a protected marine animal within the designated safety distance (50-feet during daytime and 75-feet during nighttime if nighttime is authorized) of any in-water construction or vessel activity, and if detection of a protected marine animal species is not possible due to weather or other conditions (such as during fog, rain, wind, etc.). Requirements for in-water work are as follows:

a. During in-water bulkhead construction, at least one dedicated marine species observer shall be onsite at all times. If more than one activity is happening at the same time, an observer shall be on duty at each location. This observer shall have prior on-the-job experience as a dedicated manatee observer during similar in-water work (such as pier demolition, bulkhead and pile installation/ removal).

b. During all in-water work, other than clamshell dredging, the Permittee shall require one dedicated marine species observer to be present in daylight, and a minimum of two observers shall be present at night. These observers shall have prior on-the-job experience as dedicated manatee observers during similar in-water work.

24. The Permittee shall ensure that the marine species observers shall adhere to the following requirements:

mailto:ImperiledSpecies@MyFWC.com

Project Name: Cruise Terminal 5 (CT5 Improvements)

a. All observers shall maintain a daily log that details sightings, collisions, or injuries to protected marine species (manatees and marine turtles). The logs shall also include the following project specific information: work itinerary; weather; work shutdown times; observer shift changes. In regard to manatee behavior, the observers shall also log the following: time of observation; duration of sightings; estimated distance of animal from the dredge/equipment/vessel; animal behavior during the sighting (such as passing through, pausing in the vicinity of the project, interacting with the work-related vessels, or attracted to running or dripping water); detection method; whether the dredge was operating at time of observation; and actions taken as a result of the sighting, collisions or injuries.

b. A final report summarizing the logs shall be sent to FWC at ImperiledSpecies@myfwc.com no later than 30 days after demobilization of each dredging event and/or final project completion. The report shall include project name, permit number, names of observers and their contact information.

25. The Permittee shall ensure that all personnel associated with the project are informed 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 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.

26. 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.

27. Temporary signs concerning manatees shall be prominently 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. Two temporary signs, which have already been approved for this use by the FWC, shall be posted at each location. One sign shall read “Caution Boaters – Watch for Manatees.” A second sign, measuring at least 8 ½" by 11", shall explain the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations. All signs shall be removed by the Permittee upon completion of the project. These signs can be viewed at http://www.myfwc.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myFWC.com.

28. 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 immediately shut-down if a marine turtle or manatee comes within 50 feet of the operation. For unanchored vessels, operators shall disengage the mailto:ImperiledSpecies@myfwc.com mailto:ImperiledSpecies@myFWC.com

Project Name: Cruise Terminal 5 (CT5 Improvements) 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 must not be herded away or harassed into leaving.

29. The Permittee shall ensure that all lights in the project area are consistent with Port Canaveral’s approved “Exterior Light Management Plan” (dated August 2018). Such lights shall not be directly visible from the adjacent marine turtle nesting beach and shall not significantly contribute to cumulative skyglow. For additional information, please contact FWC at MarineTurtle@myfwc.com. If FWC approves an update to the “Exterior Light Management Plan,” the Department will incorporate the changes through an administrative permit modification.

30. To avoid impacts to protected marine species (manatees, dolphins, marine turtles, etc.)

during clamshell dredging, the Permittee shall ensure that the following conditions are followed:

a. During clamshell operations, the dredge operator shall gravity-release the clamshell bucket only at the water’s surface, and only after confirmation that…