P-907 ESA_Requirements.pdf

FY19 MCON P-907 TPP Pier and Maintenance Facility Naval Base Kitsap - Bangor, Silverdale, WA

Endangered Species Act (ESA)/Marine Mammal Protection Act (MMPA) Monitoring and Construction Restriction Requirements

PART 1 GENERAL

1.1 References

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. These documents shall be provided to the Contractor prior to the start of construction. Monitoring and baseline surveys shall be conducted and implemented in accordance with the following documents:

BiOp USFWS BiOp NMFS

IHA

MARMAM MP

MAMU MP

Biological Opinion - U.S. Fish and Wildlife Service Biological Opinion - National Marine Fisheries Service Incidental Harassment Authorization Marine Mammal Monitoring Plan Marbled Murrelet Monitoring Plan

1.2 General Requirements

This enclosure describes the required construction restrictions, acoustic measuring, marine mammal monitoring, and marbled murrelet monitoring associated with construction of P-907 TPP Pier and Maintenance Facility at the Naval Base Kitsap, Bangor, WA.

The contractor shall conduct work in strict compliance with the requirements stated in this section and the reference documents. Reference documents will be made available to the contractor when finalized. Government personnel will conduct periodic observations of the contractor’s environmental monitoring activities to ensure authority is in place to maintain environmental compliance for the Navy during construction of the project.

The Navy will continually update the Regulatory Agencies regarding the status of the project and compliance with regulations. The Navy has established an adaptive management strategy with the Regulatory Agencies which may produce changes to the permits and monitoring plans as determined per discussions. The contractor is required to comply with the current edition of the respective permits and plans.

The contractor shall be required to shut down impact and vibratory pile driving activities if marine mammals are observed within the designated shut down zones. Pile driving shall not resume until the species of concern leaves the area, or 15 minutes have passed without sightings. Pile driving start, shutdown, and restart shall be determined by the monitoring coordinator.

The contractor shall be required to shut down impact pile driving activities if a marbled murrelet is observed within the designated shut down zone. Work activities shall not resume until the marbled murrelet leaves the area. Pile driving start, shutdown, and restart shall be determined by the monitoring coordinator.

Marine mammal observers and marbled murrelet observers shall be specific personnel dedicated to either monitoring for marine mammals or marbled murrelets.

The contractor will be required to shutdown construction activities should any bird, marine mammal, or fish be observed as being injured or killed during construction activities. If any injury or death occurs, all associated construction activities shall be shutdown until the appropriate Navy personnel (including the construction manager and Navy biologist) have been notified and an account of the observation can be recorded and provided to the appropriate Regulatory Agencies. All communications with the Agencies shall be performed by the Navy.

1.3 Shut Down and Disturbance Zones

1.3.1 Shut Down Zone

Area around each pile which shall require the stoppage of pile driving in accordance with the permits. The size of the areas described below reflect the anticipated distances to the appropriate species threshold and may need to be adjusted during actual construction based on results of acoustic monitoring.

1.3.1.1 Marine Mammal Shut Down Zones

Steel Pipe Piles

For harbor porpoise and cetaceans, impact steel pipe pile driving shall cease if any animal is observed within a 750 m radius of the pile driving activity.

For harbor porpoise and cetaceans, vibratory steel pipe pile driving shall cease if any animal is observed within a 100 m radius of the pile driving activity.

For harbor seal, impact steel pipe pile driving shall cease if any animal is observed within a 220 m radius of the pile driving activity.

For harbor seal, vibratory steel pipe pile driving shall cease if any animal is observed within a 30 m radius of the pile driving activity.

For sea lion, impact steel pipe pile driving shall cease if any animal is observed within a 15 m radius of the pile driving activity.

For sea lion, vibratory steel pipe pile driving shall cease if any animal is observed within a 15 m radius of the pile driving activity.

Pile driving shall not begin or resume until the species of concern leaves the shutdown area, or 15 minutes have passed without sightings. Pile driving start, shutdown, and restart shall be determined by the monitoring coordinator

Concrete Piles

For harbor porpoise and cetaceans, concrete pile driving shall cease if any animal is observed within a 100 m radius of the pile driving activity.

For harbor seal, concrete pile driving shall cease if any animal is observed within a 35 m radius of the pile driving activity.

For sea lion, concrete pile driving shall cease if any animal is observed within a 15 m radius of the pile driving activity.

Pile driving shall not begin or resume until the species of concern leaves the shutdown area, or 15 minutes have passed without sightings. Pile driving start, shutdown, and restart shall be determined by the monitoring coordinator.

1.3.1.2 Marbled Murrelet Shut Down Zone

All impact pile driving shall cease should a marbled murrelet approach or enter within a 20 m radius of impact pile driving.

1.3.2 Disturbance Zone

1.3.2.1 Marine Mammal Disturbance Zone

Steel Pipe Piles

For harbor porpoise, cetaceans, harbor seal, and sea lions, impact steel pipe pile driving, the disturbance zone is a 541 m radius from the pile driving activity.

For harbor porpoise, cetaceans, harbor seal, and sea lions, vibratory steel pipe pile driving, the disturbance zone is a 11,700 m radius from the pile driving activity.

Concrete Piles

For harbor porpoise, cetaceans, harbor seal, and sea lions, concrete pile driving, the disturbance zone is a 46 meter radius from the pile driving activity.

PART 2 RESTRICTIONS

2.1 Environmental Restrictions

All in-water work shall be limited to occur between July 16 23 and January 15.

2.1.1 Daylight Restrictions

a. July 16 23 - September 23

Impact pile driving shall not begin until 2 hours after sunrise and shall end 2 hours before sunset during the marbled murrelet breeding season (July 16 through September 23). All other in-water work shall be conducted during daylight hours (sunrise to sunset). Sunrise and sunset are to be determined based on the National Oceanic and Atmospheric Administration data which can be found at: http://www.srrb.noaa.gov/highlights/sunrise/sunrise.html.

b. September 24 – January 15

All work, including pile driving, shall be conducted from sunrise to sunset hours. Refer to:

http://www.srrb.noaa.gov/highlights/sunrise/sunrise.html for determining sunrise/sunset hours.

2.1.2 Impact Hammer Restrictions

Impact hammer driving shall be limited to 1600 impact hammer strikes or less per day of pile driving.

Total number of impact hammer strikes per day shall not be surpassed.

2.1.3 Total Pile Driving Days

Total days of pile driving shall not exceed a total of 90 days. Any pile driving operation, regardless of the number of hammer strikes or vibratory duration, shall be considered a pile driving day.

2.1.4 Sound Attenuation

Sound attenuation measures are required during all impact pile driving activities. The system shall be determined by the contractor and submitted to the government for approval. The contractor shall provide the necessary equipment/materials. The contractor must employ measures to ensure adequate sound attenuation. These measures consist primarily of technical checks that will be conducted in the absence of pile driving sound, such as visual inspection to ensure proper seating of the bubble curtain, air flow pressure testing, ring spacing measurements, etc. If a bubble curtain will be used the contractor must supply documentation within 48 hours prior to pile driving that the bubble curtain provides at least 8 dB of attenuation. If a device other than a bubble curtain is used, information regarding the proposed system, including previous attenuation levels achieved, shall be submitted to the government for approval prior to use.

2.1.5 Beaufort Wind Scale Restrictions

No impact pile driving shall occur when the sea-state conditions exceed a Beaufort Sea State 2 within the Marbled Murrelet Shutdown Zone.

2.1.6 Water Quality Protection

A floating surface boom and silt curtains shall be deployed during demolition and construction activities to contain and collect debris.

2.1.7 Tree Removal

Tree removal shall not occur between April 1 through September 23.

PART 3 EXECUTION

3.1 Period of Monitoring Activities

a. Monitoring Coordinator

A monitoring coordinator is required to be present for all in water construction activities. All in water work activities includes but is not limited to: vibratory pile driving, impact pile driving, and initial placement of piles on substrate as well as pile cutting and removal during demolition.

b. Acoustic Monitoring

Hydroacoustic monitoring will be conducted for 12 piles (3 piles of each size) struck with an impact hammer. Piles chosen to be monitored are driven in water depths that are representative of mid-channel or typical water depths at the project location where piles will be driven.

c. Marine Mammal Monitoring

Marine mammal monitoring is required to be present for all in water construction activities. All in water work activities includes but is not limited to: vibratory pile driving, impact pile driving, and initial placement of piles on substrate.

d. Marbled Murrelet Monitoring

Marbled murrelet monitoring is required during all impact pile driving.

3.2. Monitoring Services and Reporting

3.2.1 Monitoring Coordinator

The monitoring coordinator is responsible for daily coordination between the three monitoring teams (acoustic, marine mammal, and marbled murrelet) and the construction contractor. The Monitoring Coordinator shall receive schedule information from the construction contractor and is responsible for coordinating the acoustic, marine mammal, and marbled murrelet monitoring efforts so that all regulatory requirements are met. The Monitoring Coordinator shall be responsible for informing the monitoring teams which piles and hammers will be in operation and any other information necessary to support the field team’s data collection efforts. The Monitoring Coordinator may also serve as either, but not both, a Marine Mammal Monitor or a Marbled Murrelet Monitor.

The pile driving supervisor shall be responsible for maintaining radio communication with the monitoring coordinator during start-up, operation, shut-down, and restarts.

3.2.2 Acoustic Monitoring

All acoustic monitoring activities shall be in accordance with the Acoustic Monitoring Plan (AMP).

The AMP shall be provided to the Contactor prior to the start of construction and the Monitoring Coordinator shall ensure that all monitors have received a copy of the AMP, and have reviewed and understand the requirements of the plan, prior to the start of monitoring activities.

Underwater noise levels during impact pile driving and the effectiveness of the noise attenuation device shall be monitored by placing 1 hydrophone at a distance of 10 meters from the pile to be monitored. This hydrophone can be tethered to a barge or other structure but shall be located approximately mid-water depth. A second hydrophone shall be located from an autonomous floating raft at a distance of three times the depth of the pile to be monitored. There should be a direct line of sight between the pile and the hydrophone(s) in all cases.

The hydrophone calibration(s) shall be checked at the beginning of each day of monitoring activity.

Underwater sound levels shall be continuously monitored during the entire duration of each pile being driven. Peak levels of each strike shall be monitored in real time.

3.2.2.1 Data Analysis

Post-analysis of the sound level signals shall be in accordance with the Acoustic Monitoring Plan (AMP). Analysis will include determination of the maximum absolute value of the instantaneous pressure within each strike, Root Mean Square (RMS) value for each absolute peak pile strike, mean and standard deviation/error of the RMS for all pile strikes of each pile, rise time, number of strikes per pile and per day, number of strikes exceeding 206 dBpeak, number or percent of individual strikes exceeding 183 dB Sound Exposure Level (SEL) and 187 dB SEL, SEL of the pile strike with the absolute peak sound pressure, mean SEL, and cumulative SEL (cumulative SEL = single strike SEL + 10*log (# hammer strikes)) and a frequency spectrum both with and without mitigation, between a minimum of 20 and 10,000 Hz for up to eight successive strikes with similar sound levels.

Background sound levels shall be analyzed by calculating 30-second RMS values and plotted on a Cumulative Distribution Function (CDF). The average background sound level shall be estimated using the 50% CDF.

3.2.2.2 Completion Report

The Contractor shall prepare a completion report and submit it to the Navy at the conclusion of the impact pile driving period. The report shall provide an analysis of the change in the waveform and sound levels with and without the noise attenuation device operating. The report shall provide data collected and summarized from all monitoring locations. The results shall be summarized in graphical form and include summary statistics and time histories of impact sound values for each pile. The report shall include:

Size and type of piles.

A detailed description of the noise attenuation device, including design specifications.

The impact hammer energy rating used to drive the piles, make and model of the hammer.

A description of the sound monitoring equipment.

The distance between hydrophone(s) and pile.

The depth of the hydrophone(s) and depth of water at hydrophone locations.

The distance from the pile to the water’s edge.

The depth of water in which the pile was driven.

The depth into the substrate that the pile was driven.

The physical characteristics of the bottom substrate into which the piles were driven.

The total number of strikes to drive each pile and for all piles driven during a 24-hour period.

The background sound pressure level reported as the 50% CDF.

The results of the hydroacoustic monitoring, including the frequency spectrum, ranges and means including standard deviation/error for peak and RMS SPL’s, single-strike and cumulative SEL with and without the attenuation system, an estimation of the number of strikes that exceeded the cumulative SEL threshold and an estimation of the distance at which the peak and cumulative SEL values reach the respective thresholds and the distance at which the RMS values reach the relevant marine mammal thresholds and background sound levels.

a. Draft Report

A draft report, including data collected and summarized from all phases, shall be submitted to the Navy within 45 work days of the completion of acoustic monitoring. The Navy shall have 5 work days to review the draft report and provide comments/feedback to the contractor for revisions. The contractor shall have 5 work days to revise the draft report and re-submit it to the Navy. The contractor is not responsible for submitting draft report to the Regulatory Agencies.

b. Final Report

A final report shall be prepared and submitted to the Navy within 15 work days following receipt of comments on the draft report by the Regulatory Agencies. The contractor is to submit the final reports to the Navy, who shall have 5 work days to review the draft report and provide comments to the contractor for revisions. The contractor shall have 5 work days to revise the final report and re-submit it to the Navy. The contractor is not responsible for submitting the final report to the Regulatory Agencies.

3.2.3 Marine Mammal Monitoring

All marine mammal monitoring activities shall be in accordance with the Marine Mammal Monitoring Plan (MARMAM MP). The MARMAM MP shall be provided to the Contactor prior to the start of construction and the Monitoring Coordinator shall ensure that all monitors have received a copy of the MARMAM MP, and have reviewed and understand the requirements of the plan, prior to the start of monitoring activities.

3.2.3.1 Monitoring

During all pile driving, the contractor shall ensure qualified Marine Mammal Observers (MMO) visually monitor Injury and Behavioral Disturbance threshold distances. The Level A Injury Zone is based on the maximum calculated radius for pinnipeds and cetaceans during installation of 36-inch steel and concrete piles with impact techniques, and for vibratory pile installation. These actions serve to protect marine mammals, allow for practical implementation of the Marine Mammal Protection Act, and reduce the risk of a take. Marine mammal monitoring shall be conducted as follows:

During pile driving, Injury Threshold Monitoring Zones shall be established and monitored to prevent injury to killer whale, harbor porpoise, Steller sea lion, and California sea lion; and to minimize injury to harbor seals from noise due to impact and vibratory pile driving and physical interaction with construction equipment. Injury to harbor seals from noise due to impact and vibratory pile driving and physical interaction with construction equipment will be minimized to the extent practicable by implementing a shutdown if the animals are observed to be swimming towards the Injury Zone. For steel pile impact pile driving, to the extent possible, monitors would initiate shutdown when harbor seals enter the zone; however, because of the size of the zone and the inherent difficulty in monitoring harbor seals, a highly mobile species, it may not be practical, which is why Level A take has been requested. The monitoring zone for injury is established to enable MMOs to notify construction crews of marine mammals approaching the injury threshold and shutdown zones described below.

During all pile driving, Behavior Disturbance Threshold Monitoring Zones shall be established that extends to the impulsive acoustic threshold of 160 decibels [dB] referenced at 1 micropascal (µPa) or the continuous noise acoustic threshold (120 dB re 1µPa), depending on installation technique. The far field monitoring will require the use of binoculars or spotting scopes for land based MMOs, particularly those stationed to the north of the facility. To further augment the far field monitoring, additional information will also be included, such as the use of the Orca Network sightings notifications for Hood Canal.

The Monitoring Zones for Impact Driving of Steel Piles are based on the maximum calculated radius for pinnipeds and cetaceans during installation of 36-inch steel piles. The Injury Monitoring Zone will extend to a radius of 1,000 meters (m) for cetaceans, primarily monitoring for harbor porpoise, and 220 m for harbor seals and for sea lions during impact pile driving of steel piles (Table A-1). Harbor seals are known to be regularly sighted in the Service Pier area and make use of the man-made structures to haul out. As a result of their regular use of the Naval Facility and previous exposure to anthropogenic activities, shutdowns will be initiated for this species to the extent practicable. If the harbor seal behavior appears to remain unchanged during the pile driving, or the animals are swimming away from the in-water works, a take would be recorded rather than a shutdown.

The Monitoring Zones for Vibratory Pile Driving of Steel Piles will extend to a radius of 1,000 m for cetaceans, primarily monitoring for harbor porpoise, and 220 m for harbor seals and sea lions during vibratory pile driving (Table A-2). The established monitoring zone will encompass as much of the Behavioral Disturbance threshold distances (i.e., for vibratory driving, the zone where vibratory pile driving noise levels are estimated to be at or above 120 dB root mean square) that can be practicably monitored from observer positions.

The Monitoring Zones for Concrete Impact Pile Driving are 100 m for cetaceans, primarily monitoring for harbor porpoise, and 50 m for harbor seal and for sea lions (Table A-3).

The radii of the monitoring zones may be adjusted if in-situ acoustic monitoring is conducted to determine actual distances to the thresholds for a pile type and installation method. Adjusted zones will be provided by the Navy to the Lead MMO.

During all pile driving, the Navy will establish Shutdown Zones as follows:

A Shutdown Zone for cetaceans will include the injury threshold and behavioral threshold distances as presented in Tables A-1, A-2, and A-3. If a cetacean approaches or enters the Shutdown Zone, pile driving will cease. Please note that for impact pile driving 36-inch piles, the Injury Zone is greater than the Behavioral Disturbance Zone for cetaceans but the monitoring zone is increased to 750 m to minimize impacts on cetaceans. The Shutdown Zone for concrete pile driving is 100 m for cetaceans, primarily monitoring for harbor porpoise.

A Shutdown Zone for pinnipeds will include the Injury Zone presented in Tables A-1, A-2, and A-3. If a pinniped enters the Shutdown Zone, pile driving will cease, but if it enters only the Behavioral Disturbance Zone, a take would be recorded and behaviors documented. That pile would be completed without cessation, unless the animal approaches or enters the Shutdown Zone, at which point all pile driving activities will be halted. The Shutdown Zones for concrete pile driving are 35 m for harbor seal, 15 m for sea lions, and 100 m for cetaceans to prevent all Level A and Level B exposures. For steel pile impact pile driving, to the extent possible, monitors would initiate shutdown when harbor seals enter the 220 m zone; however, because of the size of the zone and the inherent difficulty in monitoring harbor seals, a highly mobile species, it may not be practical, which is why Level A take is requested.

If marine mammals are seen outside the Behavioral Disturbance Zone, these sightings will also be recorded (not as a take) with the location and behavior identified as much as possible.

Distances for all monitoring zones are provided in Tables A-1, A-2, and A-3 below.

Table A-1. Monitoring and Shutdown Zones Distances during Impact Steel Pile Driving

Marine Mammal Group

Behavior Threshold

Monitoring Zone Injury Threshold Shutdown Zone

Cetaceans, Harbor Porpoise 541 meters 750 meters 740 meters 750 meters

Harbor Seal 541 meters 220 meters 217 meters 220 meters

Sea Lions 541 meters 15 meters 12 meters 15 meters

Table A-2. Monitoring and Shutdown Zones Distances during Vibratory Pile Driving

Group

Behavior Threshold

Monitoring Zone Injury Threshold Shutdown Zone

Cetaceans, Harbor Porpoise 11,700 meters 100 meters 64 meters 100 meters

Harbor Seal 11,700 meters 30 meters 26 meters 30 meters

11,700 meters 15 meters 12 meters 15 meters

Table A‐3. Monitoring and Shutdown Zones Distances during Impact Concrete Pile Driving

Group

Behavior Threshold

Monitoring Zone Injury Threshold Shutdown Zone

Cetaceans, Harbor Porpoise 46 meters 100 meters 74 meters 100 meters

Harbor Seal 46 meters 35 meters 19 meters 35 meters

46 meters 15 meters 1 meters 15 meters

3.2.3.2 Data collection

Each marine mammal monitor shall use a National Marine Fisheries-Approved Sighting Form, which shall be provided in the monitoring plan and provided prior to the start of construction. The form shall be completed by each observer for each survey day. The following data will be collected on the form:

The date and time that pile driving begins and ends and method of installation shall be recorded for each pile.

Time and duration of marine mammal sighting.

Construction activities occurring during each marine mammal sighting.

Weather parameters (e.g., percent cover, percent glare, visibility).

Water conditions (e.g., Tidal state [incoming (flood), slack (neither direction), or outgoing (ebb)], and sea state) during each sighting. The Beaufort Sea State Scale shall be used to determine sea-state.

Species, numbers, and if possible, sex and age class of marine mammals.

Marine mammal behavior patterns observed, including bearing from observer and direction of travel. If possible, include the correlation to sound pressure levels for context.

Distance from pile driving activities to marine mammals and distance from the marine mammal to the observation point.

Occurrence of pile driving delay or shutdown due to marine mammal presence in shutdown zones.

Locations of all marine mammal observations.

Other human activity in the area. Record the hull numbers of fishing vessels if possible.

3.2.3.3 Daily Summary Reports

Daily summary reports shall be complied by the monitoring coordinator and submitted to the contracting officer no later than the next morning from the date of the monitoring surveys. The summary report compiles information collected on the individual sighting forms and provides additional details about construction activities during marine mammal monitoring. A Daily Summary Report form shall be included in the monitoring plan and provided prior to the start of construction.

3.2.3.4 Completion Report

The Contractor shall prepare a completion report and submit it to the Navy at the conclusion of the pile driving period. To the extent possible, all sightings should be correlated with the acoustic results based on the representative data collected during the acoustic monitoring period to try to indicate the received level of the sound at each animal’s position. Acoustic information (if collected) should be incorporated as necessary to detail the number of marine mammal observations which qualified as takes, based on the sound propagation data from the representative pile driving scenarios obtained during the acoustic monitoring period.

a. Report Content

General data:

Date and time of activities.

Water conditions (e.g., sea-state, tidal state).

Weather conditions (e.g., percent cover, visibility).

Specific pile data:

Description of the pile driving activities including the size and type of pile, The installation methods used for each pile and the duration each method was used per pile, Impact or vibratory hammer force used to drive/extract piles

Detailed description of the sound attenuation system, including the design specifications

Depth of water in which the pile was driven

Depth into the substrate that the pile was driven

Pre-activity observational survey specific data:

Dates and time survey is initiated and terminated.

Description of any observable marine mammal behavior in the immediate area during monitoring.

If possible, the correlation to underwater sound levels occurring at the time of the observable behavior.

Actions performed to minimize impacts to marine mammals.

During-activity observational survey-specific data:

Description of any observable marine mammal behavior within monitoring zones or in the immediate area surrounding monitoring zones including the following:

Distance from animal to source.

Reason why shutdown was or was not implemented.

If a shutdown was implemented, behavioral reactions noted and if they occurred before or after implementation of the shutdown.

If a shutdown is implemented, the distance from animal to source at the time of the shutdown.

Behavioral reactions noted during soft starts and if they occurred before or after implementation of the soft start.

Distance to the animal from the source during soft start.

If possible, the correlation to underwater or airborne sound levels occurring at the time of this observable behavior.

Actions performed to minimize impacts to marine mammals.

Times when pile extraction is stopped due to presence of marine mammals within the shutdown zones and time when pile driving resumes.

Post-activity observational survey specific data:

Results, which include the detections of marine mammals, species and numbers observed, sighting rates and distances, behavioral reactions within and outside of safety zones.

A refined take estimate based on the number of marine mammals observed during the course of construction.

b. Draft Report

Navy within 45 work days of the completion of acoustic monitoring and in-water work. The Navy shall have 5 work days to review the draft report and provide comments/feedback to the contractor for revisions. The contractor shall have 5 work days to revise the draft report and re-submit it to the Navy. The contractor is not responsible for submitting draft report to the Regulatory Agencies.

c. Final Report

A final report shall be prepared and submitted to the Navy within 15 work days following receipt of comments on the draft report by the Regulatory Agencies. The contractor is to submit the final reports to the Navy, who shall have 5 work days to review the draft report and provide comments to the contractor for revisions. The contractor shall have 5 work days to revise the final report and re-submit it to the Navy. The contractor is not responsible for submitting the final report to the

3.2.4 Marbled Murrelet Monitoring

All Marbled Murrelet monitoring activities shall be in accordance with the Marbled Murrelet Monitoring Plan (MAMU MP). The MAMU MP shall be provided to the Contactor prior to the start of construction and the Monitoring Coordinator shall ensure that all monitors have received a copy of the MAMU MP, and have reviewed and understand the requirements of the plan, prior to the start of monitoring activities.

3.2.4.1 Monitoring

Two USFWS qualified marbled murrelet monitors shall monitor the disturbance zone and shutdown zone for the presence of marbled murrelets. Each observer can cover a 180º arc over a 50 m area.

Monitoring shall begin at least 30 minutes prior to commencement of impact pile driving. If marbled murrelet(s) are present within or approaching the shutdown zone prior to impact pile driving, the start shall be delayed until the animal(s) leave the shutdown zone voluntarily and at least 2 full sweeps of the shutdown area have confirmed murrelets are not present.

The shutdown zone shall be monitored throughout all impact pile driving activities. If a marbled murrelet is observed within or entering or approaching the shutdown zone during impact pile driving, all impact pile driving activities shall be halted. Once a shutdown has been initiated, impact pile driving activities shall be delayed until the animal has voluntarily left the shutdown zone and and at least 2 full sweeps of the shutdown area have confirmed murrelets are not present.

If marbled murrelets are detected outside the shutdown zone, the observers shall continue to monitor these individuals and record their behavior, but impact pile driving and other in-water construction may proceed.

3.2.4.2 Data Collection

The marbled murrelet observers shall use the USFWS-approved Bird Observation Record Form, which would be completed by each observer for each survey day. The following information will be collected on the sighting form:

The date and time that pile driving begins and ends and method of installation shall be recorded for each pile.

Time and duration of marbled murrelet sighting.

Construction activities occurring during each marbled murrelet sighting.

Weather parameters (e.g., percent cover, percent glare, visibility).

Water conditions (e.g., Tidal state [incoming (flood), slack (neither direction), or outgoing (ebb)], and sea state) during each sighting. The Beaufort Sea State Scale shall be used to determine sea-state.

Visibility;

Numbers and, if possible, sex and age class of marbled murrelet;

Observed marbled murrelet behavior patterns, including bearing and direction of travel;

Distance from construction activity to marbled murrelets and distance from the marbled murrelets to the observation point;

Locations of all alcid observations; and Other human activity in the area.

3.2.4.3 Daily Summary Reports

Daily summary reports shall be complied by the monitoring coordinator and submitted to the contracting officer no later than the next morning from the date of the monitoring surveys. The summary report compiles information collected on the individual sighting forms and provides additional details about construction activities during marbled murrelet monitoring.

3.2.4.4 Completion Report

The Contractor shall prepare a completion report and submit it to the Navy at the conclusion of the impact pile driving period. To the extent possible, all sightings should be correlated with the acoustic results based on the representative data collected during the acoustic monitoring period to try to indicate the received level of the sound at each animal’s position. Acoustic information should be incorporated as necessary to detail the number of marine mammal observations which qualified as takes, based on the sound propagation data from the representative pile driving scenarios obtained during the acoustic monitoring period.

Report Content

General data:

Date and time of activities.

Water conditions (e.g., sea-state, tidal state).

Weather conditions (e.g., percent cover, visibility).

Specific pile data:

Description of the pile driving activities including the size and type of pile, The installation methods used for each pile and the duration each method was used per pile, Impact or vibratory hammer force used to drive/extract piles

Detailed description of the sound attenuation system, including the design specifications

Depth of water in which the pile was driven

Depth into the substrate that the pile was driven

Pre-activity observational survey specific data:

Dates and time survey is initiated and terminated.

Description of any observable marine mammal behavior in the immediate area during monitoring.

If possible, the correlation to underwater sound levels occurring at the time of the observable behavior.

Actions performed to minimize impacts to marbled murrelets.

During-activity observational survey-specific data:

Description of any observable marbled murrelet behavior within monitoring zones or in the immediate area surrounding monitoring zones including the following:

Distance from animal to source.

Reason why shutdown was or was not implemented.

If a shutdown was implemented, behavioral reactions noted and if they occurred before or after implementation of the shutdown.

If a shutdown is implemented, the distance from animal to source at the time of the shutdown.

Behavioral reactions noted during soft starts and if they occurred before or after implementation of the soft start.

Distance to the animal from the source during soft start.

If possible, the correlation to underwater or airborne sound levels occurring at the time of this observable behavior.

Actions performed to minimize impacts to marbled murrelets.

Post-activity observational survey specific data:

Results, which include the detections of marbled murrelets, species and numbers observed, sighting rates and distances, behavioral reactions within and outside of safety zones.

A refined take estimate based on the number of marbled murrelets observed during the course of construction.

a. Draft Report

Navy within 45 work days of the end of monitoring. The Navy shall have 5 work days to review the draft report and provide comments/feedback to the contractor for revisions. The contractor shall have 5 work days to revise the draft report and re-submit it to the Navy. The contractor is not responsible for submitting draft report to the Regulatory Agencies.

b. Final Report

A final report shall be prepared and submitted to the Navy within 15 work days following receipt of comments on the draft report by the Regulatory Agencies. The contractor is to submit the final reports to the Navy, who shall have 5 work days to review the draft report and provide comments to the contractor for revisions. The contractor shall have 5 work days to revise the final report and re-submit it to the Navy. The contractor is not responsible for submitting the final report to the

3.3 Meetings

The “Environmental Monitoring Team Kickoff Meeting” and the “Construction – Environmental Team Coordination Meeting” will likely be separate meetings. Ongoing project and data review meetings should be expected biweekly.

PART 4 QUALIFICATIONS

4.1 Personnel Qualifications

4.1.1. Monitoring coordinator

The monitoring coordinator must possess a Bachelor of Science Degree in biology, or closely related field and have 8 years of specifically related experience. The monitoring coordinator must have at least 4 years of pile driving biological monitoring experience over the past 8 years. Biological monitoring must specifically include experience in marine mammal and marbled murrelet monitoring for marine construction projects or surveys. This individual should have prior experience and demonstrated ability to lead a complex team of marine mammal and marbled murrelet biological observers, as well as acoustic engineers during a pile driving project while understanding the complexities of working in a construction area in the marine environment. Observers and acoustics personnel will be stationed on small vessels and/or fixed structures while the Monitoring Coordinator will likely be located separately on the construction pile driving barge. Individual must have the ability to communicate with the construction contractor regarding upcoming pile driving/construction activity and then relay the information to the monitoring team via handheld radios. The monitoring coordinator must fully understand the terms and conditions of the biological consultation permit documents to ensure that conditions are met and monitors are in place in order to comply with the marine mammal, marbled murrelet, fisheries, and acoustic permit conditions. The monitoring coordinator shall be required to keep a log of pile driving activity and notify the monitoring team if marine species are seen near a pile. The individual needs to demonstrate the ability (provide prior examples of situations) where they have been in this position before and had to communicate effectively with the construction contractor/engineers to resolve conflicting or divergent situations (such as pile driving timing or pile driving sequence). The individual must have the ability to coordinate the pre-monitoring (before pile driving begins) with post-monitoring and complete all the work required by the permits in the daytime hours as stated in the biological permits and consultations. The monitoring coordinator shall have the authority to shutdown construction/pile driving if a permit violation is about to occur or in order to comply with the permit requirements and avoid a permit violation. The coordinator must have attended any species identification classes required for both the marine mammal observers and marbled murrelet observers; certification in each class is not required. Qualifications must be submitted for the monitoring coordinator for approval by the Contracting Officer.

4.1.2 Acoustical Firm

The acoustical firm should have successfully completed the following activities on other projects: 1) measured underwater sounds from pile driving in the marine environment and preferably deep water areas; 2) conducted measurements to characterize a variety of steel pipe pile sizes; 3) measured airborne sounds from pile driving; 4) have experience in setting up hydrophones at appropriate distances in order to determine propagation and characterize the sound field; 5) be able to measure and convey acoustic results in real-time; 6) have experience in setting up stationary raft-like underwater recording stations; 7) have experience in working in high current areas; and 8) completed reports, in accordance with the monitoring plan, that accurately and clearly present the results of the monitoring and could be used to communicate findings to regulatory agencies regarding potential impacts on fish, marine mammals, and diving seabirds. Qualifications must be submitted for the acoustic firm for approval by the Contracting Officer.

4.1.2.1 Marine Bioacoustician

Acoustic monitoring shall be conducted by a qualified, trained marine bioacoustician. At minimum, a marine bioacoustician must possess a Bachelor’s of Science in biology/physics/engineering, or a closely related field and have 4-5 years of specifically related experience. A Master’s Degree and 2- 3 years experience, or a PhD focused specifically on the practical applications of bioacoustics research in the marine environment would be acceptable substitutes. Qualifications must be submitted for approval by the Contracting Officer.

4.1.3 Marine Mammal Observers

All marine mammal observers shall be biologists with prior training and experience in conducting marine mammal monitoring or surveys, and who have the ability to identify marine mammal species and describe relevant behaviors that may occur in proximity to in-water construction activities.

Qualifications must be submitted for the monitoring coordinator for approval by the Contracting Officer.

4.1.4 Marbled Murrelet Observers

All marbled murrelet observers must be certified under the U. S. Fish and Wildlife Service, Washington Fish and Wildlife Office, Marbled Murrelet Marine Protocol. Observers will have appropriate qualifications, including education or work experience in biology, ornithology, or a closely related field; at least one season (2-3 months) of work with bird identification being the primary objective (i.e. not incidental to other work). Observers must have experience identifying marine birds in the Pacific Northwest, as well as understanding and documenting bird behavior. Qualifications for all observers must be submitted for approval by the Contracting Officer.

PART 5 EQUIPMENT

5.1 Equipment Specifications

5.1.1 Survey boats

Survey boats used for marine mammal, marbled murrelet, or acoustic monitoring shall meet the following minimum specifications:

Equipped with an elevated observational platform. These vessels must carry the following equipment: a depth finder, measuring tape, navigational plotting equipment, and both fixed and hand-held GPS Units.

One (1) autonomous floating raft.

5.1.2 Acoustic Monitoring Recording Equipment

Hydrophone Receiving Sensitivity- 211dB re 1V/µPa

Hydrophone Receiving Sensitivity - 200dB re 1/µPaTwo Signal Conditioning Amplifiers (4-channel) with Amplifier Gain- 0.1 mV/pC to 10 V/pC

Transducer Sensitivity Range- 10-12 to 103 C/MU One (1) Calibrator (pistonphone-type) One (1) Portable Dynamic Signal Analyzer (4-channel) Sampling Rate 48kHz or greater (one) Microphone (free field type) Range- 30 – 120 dBA Sensitivity- -29 dB ± 3 dB (0 dB =

1 V/Pa) Flow shield (If water velocity ~> 1m/s)- Open cell foam cover or functional equivalent Laptop computer or Digital Audio Recorder compatible with digital signal analyzer Real Time and Post-analysis software

5.1.3 Marine Mammal and Marbled Murrelet Monitoring Observing Equipment

Hand-held GPS units;

Hearing protection for biologists and boat operators working near heavy construction equipment;

Portable marine radios and headsets for the observers to communicate with the monitoring coordinator, construction contractor, and other observer(s);

Cellular phones, without a camera (one per boat/observing location), and the contact information for the other observer(s), monitoring coordinator, and NMFS point of contact;

Green flags (one per boat/observing location) as back-up for radio communication;

Red flags (one per boat/observing location) as back-up for radio communication;

Nautical charts;

Daily tide tables for the project area within the Hood Canal;

Watch or Chronometer;

Binoculars with built-in rangefinder or reticles – (quality 7 x 50 or better);

Spotting scopes;

Monitoring plans, IHA permit, and/or other relevant permit requirement specifications in sealed clear plastic cover;

Notebook with pre-standardized monitoring forms on non-bleeding paper (e.g Rite-in-the Rain);

Marine mammal & seabird identification guides on waterproof paper;

Large zip-lock bags;

Clipboard;

Pen / Pencil

6. PART 6 DELIVERABLES

6.1 Deliverable Format

It is the responsibility of the Contractor to ensure that all electronic deliverables are fully compatible and functional based on the current applications used by the Navy Marine Corps Intranet (NMCI).

6.1.1 Text, Spreadsheet, and Database Files

The Navy Marine Corps standard desktop computing software is Microsoft Office 2007. Reports and other text documents shall be provided in Microsoft Word 2007 format and Portable Document Format (PDF) readable with Adobe Acrobat 9 unless other mutually agreeable formats are determined. Adobe PDF files should include a complete linked table of contents and all tables or figures within the test of the report should be linked directly to the referenced table or figure.

Spreadsheet files shall be provided in Microsoft Excel 2007 format. Database files shall be provided in Microsoft Access format, unless specified otherwise, as approved by the Contracting Officer.

Literature search and reference information shall be provided in file format for Endnote X1.

All text, spreadsheet and database files shall be delivered on CD-ROM, DVD or other electronic media as approved by the Contracting Officer. All graphics used for report and CD covers shall be delivered in Adobe Photoshop (PSD) format. In addition to plots contained within associated MS Word report, separate digital raster graphics of all plots shall also be submitted in high resolution > 600 dpi Tagged Image Format (TIF) as separate files from any embedded in reports.

All hard-copy reports must be submitted bound in a “D” type three ring binder. The binder shall have clear exterior pockets suitable for document labels and interior pockets suitable for storing additional paper sheets. Both spine and front cover shall be labeled. Deliverables shall be made by express mail (USPS/UPS/Fedex) and/or by electronic delivery as specified by the Contracting Officer.

6.1.2 Geospatial Data, Maps, Drawings, and Sketches

6.1.2.1 Geographic Data Delivery Format

Digital geographic maps and the related vector data sets shall be developed using double precision and the data sets shall be delivered in a personal geo-database format that is Microsoft® SQL Server-compatible using ArcGIS 9.3.1 or higher and must be importable to an Microsoft® SQL Server geodatabase using ArcGIS Server 9.3.1 or higher. ArcInfo, ArcGIS, and ArcSDE are geographic information system software applications produced by the Environmental Systems Research Institute (ESRI) of Redlands, California.

6.1.2.1.1 Scale-dependent Mapping Guidelines

a. Installation and Sub-Regional Level Mapping

See NAVFAC Guidelines for Installation Mapping and GeoSpatial Data published by

NAVFACENGCOM.

b. Regional, Theatre-Level Mapping

Geospatial data for regional, theatre-level mapping (1:24K) shall be provided using precise geographic coordinates in decimal degree format with four decimal precision.

Geographic data shall generally be provided in: nautical miles (nm.) for expansive marine areas, and statute miles (mi.) for expansive land areas, and projected into the Universal Transverse Mercator (UTM) coordinate system. Regional maps and data shall use the appropriate UTM Zone(s), the GRS 1980 spheroid and the North American Datum 1983 (WGS-84). No offsets shall be used. Each data set shall have a projection file if appropriate based on format.

Map or drawing scales shall be determined by the Contracting Officer. Mapping accuracy for the agreed scales shall conform to the American Society for Photogrammetry and Remote Sensing (ASPRS), "Accuracy Standards for Large-Scale Maps" and “Interim Accuracy Standards for Large- Scale Maps” (ASPRS, 1991). Copies of the ASPRS Accuracy Standards can be obtained by contacting:

American Society for Photogrammetry and Remote Sensing 5410 Grosvenor Lane, Suite 210 Bethesda, MD 20814-216

ASPRS accuracy standards can also be found on the Internet at: http://www.asprs.org

Any system specific requirements in terms of data compatibility should be addressed. Any geospatial data delivered should be fully compatible with existing government enterprise systems.

6.1.2.2 Geographic Data Structure

The Contractor shall develop all geographic information in a structure consistent with the Spatial Data Standards for Facilities, Infrastructure and Environment (SDSFIE), Version 2.6, released in January, 2007, or a higher version if available at the time of this project. The Contractor shall consult with the Government concerning modifications or additions to the SDSFIE. The Government may approve modifications to the Standard if it is determined that SDSFIE does not adequately address subject datasets. The American National Standards Institute’s (ANSI) Committee for Information Technology Standards has approved the Spatial Data Standard for Facilities, Infrastructures, and Environment (SDSFIE) as ANSI standard NCITS 353. Copies of the SDSFIE may be obtained by contacting:

Director, U.S. Army Engineer Waterways Experiment Station CADD/GIS Technology Center Attn: CEWES-IM-DA/Smith 3909 Halls Ferry Road Vicksburg, MS 39180-6199

Electronic copies of the Standards are also available from the SDSFIE homepage at URL address:

http://www.sdsfie.org/

6.1.2.3 Content Specifications for Geospatial Data

The Contractor shall develop all geographic information in a structure consistent with the latest version of Spatial Data Standards (SDS). Specific content for environmental planning and range planning themes supplemental SDS is available from the NAVFAC Data Committee. The Contractor shall consult with the Government concerning modifications or additions to the SDS.

The environmental data themes and attributes developed by the NAVFAC Data Committee have been specified to augment the existing standards in order to make geospatial data more useful to the specific business functions involved in environmental and ranges…