Survey.pdf

PDF 2 MB Posted Dec 7, 2023

Attached to: POST CONSTRUCTION BEACH TILLING FOR 2023 SOUTH SIESTA KEY BEACH REPAIR PROJECT
Solicitation number: 2023-QQ-100
Issued by: Sarasota County, Siesta Key CDP, Florida

About this file

Written by GovTribe AI · Jun 27, 2025

This document is a Permit Modification Notice from the Florida Department of Environmental Protection (FDEP) for the South Siesta Key Beach Nourishment Project, specifically Permit Modification No. 0240984-008-JN. The modification authorizes Sarasota County to use beach-compatible sand from upland sand mines to repair portions of South Siesta Key Beach impacted by Hurricane Hermine, replacing the previous plan to use offshore dredge material. The project spans 2.1 miles along the shoreline between Reference Monuments R-67 and R-77, with a grant from the Federal Emergency Management Agency (FEMA) expiring on June 30, 2023. The modification allows the county to complete hurricane repairs using sand from approved upland sources like Vulcan Witherspoon, Vulcan Diamond, Cemex Davenport, Cemex Lake Wales, and Stewart Materials mines.

The permit modification includes extensive environmental protection conditions, particularly for marine turtles and shorebirds, requiring detailed monitoring, nest protection, and habitat preservation protocols. The beach will be reconstructed with a design beach berm elevation of +5.9 feet NAVD at the dune line, gradually sloping to +4.9 feet NAVD at the seaward edge. Sediment quality will be assessed using a comprehensive Quality Assurance/Quality Control plan, with specific requirements for grain size, color, and compatibility with the existing beach environment. The modification does not change the original permit's expiration date of December 18, 2029, and maintains the project's original environmental protection framework while providing flexibility in sand sourcing.

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Other files

File	Type	Posted
POST_CONSTRUCTION_BEACH_TILLING_FOR_2023_SOUTH_SIESTA_KEY_BEACH_REPAIR_PROJECT.pdf	PDF	Dec 11, 2023
SouthSiestaKeyNourishment0240984-008-JN_clerked_signed.pdf	PDF	Dec 7, 2023
QQ_Requirements_Services.pdf	PDF	Dec 7, 2023
Aerials_Siesta_Key_Shoreline_from_Nolomis_to_Point_of_Rocks_9-11-23_15.pdf	PDF	Dec 7, 2023

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AutoCAD SHX Text LOCATION C:\USERS\ROBERTB.NEAL\ONEDRIVE - GEOSYNTEC\DESKTOP\SOUTHSIESTA\CADD\CERTIFICATION\223889-PRE-POST=SSKBR-092623.DWGC:\USERS\ROBERTB.NEAL\ONEDRIVE - GEOSYNTEC\DESKTOP\SOUTHSIESTA\CADD\CERTIFICATION\223889-PRE-POST=SSKBR-092623.DWG

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FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette NNuñez

Lt. Governor

Shawn Hamilton Secretary

February 24, 2023

Sarasota County Capital Projects Department Attn: Curtis Smith, P.G., PMP 1660 Ringling Blvd.

Sarasota, FL 34236 crsmith@scgov.net c/o

ATM, a Geosyntec Company Attn: Robert B. Neal, P.E.

314 Walnut Street, Suite 200 Wilmington, NC 28401 robertb.neal@appliedtm.com

Permit Modification No. 0240984-008-JN Permit No. 0240984-004-JC, Sarasota County South Siesta Key Beach Nourishment Project

Dear Mr. Smith and Mr. Neal:

Your request to modify Permit No. 0240984-004-JC was received on November 29, 2022 and has been reviewed by Florida Department of Environmental Protection (Department) staff. The proposed permit modification is to authorize the use of beach-compatible material from upland sand sources to repair portions of South Siesta Key Beach impacted by Hurricane Hermine.

Background

On November 27, 2006, the Department issued Permit No. 0240984-001-JC, to the Sarasota County Environmental Services (SCES) to construct a beach restoration project along the South Siesta Key shoreline. The project area spanned 2.1 miles and extended along a critically eroded section of shoreline, from 300 feet north of R-67 to 500 feet south of R-77. The beach was nourished with sand from four (4) offshore borrow areas (1A, 1B, 2A, and 2B). These borrow areas were previously authorized in the City of Venice Beach nourishment project (Permit No.

0211217-001-JC), and deeper cuts were authorized for the South Siesta Key beach restoration project to provide a sufficient volume of sand. A 25-foot-wide dune planting area was placed from 164 feet north of R-67 to 266 feet north of R-75, and from 208 feet north of R-76 to 202

Notice of Permit Modification Permit Modification No. 0240984-008-JN www.floridadep.gov feet south of R-77, using approximately 125,710 plants to vegetate the constructed dune. These plants included sea oats (Uniola paniculata), bitter panicgrass (Panicum amarum), beach sunflower (Helianthus debilis), sea-purslane (Sesuvium portulacastrum), and dune marsh-elder (Iva imbricata). Permit No. 0240984-001-JC expired on November 27, 2011.

On November 22, 2004, the SCES requested a mixing zone variance, File No. 0240984-002-EV, concurrently with the application for the permit described above. The variance request was later withdrawn.

On March 23, 2007, the Department modified Permit No. 0240984-001-JC with the issuance of Modification No. 0240984-003-EM, which allowed SCES to move a portion of the authorized dune planting area 25 feet seaward (west) of the previously approved location and to substitute shorter vegetation in the planting plan for this location. That portion of the dune is located at Turtle Beach Cabanas property (from R-70 + 650 feet to R-71). In addition, beach-quality sand that had been transported landward by wind and wave action and was covering the road and parking area along 350 feet of coastline at the southern portion of Turtle Beach Park (R-74 + 500 feet), was excavated and relocated into the authorized stockpile area at the park.

On December 18, 2014, the Department issued Permit No. 0240984-004-JC, to Sarasota County Public Works to dredge sand from three (3) offshore borrow areas using a hopper dredge and place the sand on the beach. The design beach berm would be filled to an elevation of +5.9 feet North American Vertical Datum (NAVD) at the dune line and would gradually slope to +4.9 feet NAVD at the crest of the seaward edge of the beach face. From there, the berm would have a foreshore slope of 1:10 (vertical:horizontal) to the existing profile. A submerged nearshore berm would be constructed fronting a 2,600-foot portion of the upland berm, and a vegetated dune would be restored behind a different 1,400-foot portion of the berm.

For additional background, please see the CONSOLIDATED NOTICE OF INTENT TO ISSUE

JOINT COASTAL PERMIT AND AUTHORIZATION TO USE SOVEREIGN

SUBMERGED LANDS for Permit No. 0240984-004-JC at the following website:

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=20.71934.1

]&[profile=Permitting_Authorization]

On September 15, 2015, the Department issued Permit Modification No. 0240984-005-JN to Sarasota County, which revised the biological monitoring requirements of Specific Condition No. 30 in Permit No. 0240984-004-JC.

On October 21, 2015, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-006-JN to Sarasota County, which revised the project description to allow the option of using a hydraulic cutterhead dredge.

On March 25, 2016, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-007-JN to Sarasota County, which authorized the deepening of Borrow Area 4 (BA4) by 18 inches (1.5 feet) and allowed for the as-built drawings for the dune restoration to be certified by an appropriate registered professional.

Staff Assessment and Justification

Revision of the Project Description Sarasota County has a grant agreement with the Federal Emergency Management Agency (FEMA) to restore impacts from Hurricane Hermine (2016) along the 2.1-mile project shoreline between Department Reference Monument R-67 to R-77. This FEMA emergency grant expires on June 30, 2023. The current permit authorizes the use of compatible offshore dredge material for placement within the beach fill template of South Siesta Key. However, due to the low placement volume, high mobilization costs of offshore dredges, and the impending expiration deadline of the FEMA grant, the County intends to complete the Hurricane Hermine repairs with beach-compatible sand obtained from upland sand mines.

Adequacy Of Geotechnical Data and Analysis Pursuant to Rule 62B-41.007(2)(j), F.A.C., to protect the environmental functions of Florida’s beaches, only beach compatible fill shall be placed on the beach or in any associated dune system.

Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system.

Upland sand source samples were collected for this project in 2022. Each sample was sieved, a gradation analysis completed, and grain size distribution curves created. Composite grain size curves were then provided for the range of grain size distributions for this product. This information was submitted in the permit modification application. This information was sufficient for the Department to complete a review and determine the permit complete for geotechnical review.

In accordance with Rule 62B-41.007(4), F.A.C., sediment quality control/quality assurance plans were submitted on November 29, 2022, for this project that will ensure that the sediment from the borrow areas to be used will meet the standard in Rule 62B-41.007(2)(j), F.A.C. The Department requires compliance with these plans.

Material Characterization

Composites Munsell

Color Mean grain size (mm)

Sorting (mm)

% Silt*

% Fine Gravel**

% Carbonate

Beach 5Y 5/1 0.53 0.61 0.3 0.5 84.4

Vulcan Witherspoon

7.5YR 8/1 0.49 0.81 0.1 0 N/A

Vulcan Diamond

7.5YR 8/1 0.38 0.87 0.17 0 N/A

Cemex Davenport

10YR 7/3 0.30 1.30 0.10 0 0.40

Cemex Lake Wales (med)

10YR 8/2 0.40 N/A 0 0 <2

Cemex Lake Wales (fine)

10YR 8/2 0.24 N/A 0.10 0 <2

Stewart Materials Immokalee

7.5YR 8/1 0.36 0.83 0.6 0 0.10

*Passing #230 sieve, **Retained on #4 sieve

Beach and Borrow Area Compatibility The fill material to be obtained from the upland areas listed above is sand that is similar to the native beach sediment in terms of color, grain size, sorting, and shell content. The silt content meets Department standards. Based upon the information and analysis provided by the applicant, the material from the proposed upland mines is expected to maintain the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system with Rule 62B41.007(2)(j), F.A.C.

The Department and representatives of Florida Fish and Wildlife Commission (FWC) have reviewed the request and have determined that the proposed activity is not expected to result in adverse impacts to the coastal system or biological resources. The Department has therefore revised the project description to reflect this change.

Updating Specific Conditions The Department and the FWC have refined the language of certain Specific Conditions to reduce ambiguity. These changes clarify common misinterpretations, update requirements, and ensure consistency across permits. As such, updates have been made throughout the permit.

Update of the General Consent Conditions Rule 18-21, F.A.C. was revised in 2019, and the revision included an updated set of General Consent Conditions for all sovereign submerged lands authorizations. Accordingly, General Consent Condition (GCC) 8 was added, GCC 8 and 9 were then renumbered as 9 and 10, and the rule cited in the new GCC 10 was updated.

The general consent conditions shall be replaced as follows (strikethroughs are deletions, underlines are additions):

1. Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.

2. Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.

4. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources.

5. Construction, use or operation of the structure or activity shall not adversely affect any species that is endangered, threatened or of special concern, as listed in Rules 68A- 27.003, 68A-27.004 and 68A-27.005, F.A.C.

6. Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision.

7. Structures or activities shall not create a navigational hazard.

8. Activities shall not interfere with the public easement for traditional uses of the sandy beaches provided in section 161.141, F.S.

89. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident or fire.

9 10. Structures or activities shall be constructed, operated and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(fg), F.A.C., or any other applicable law.

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

The beach nourishment project is to dredge may utilize sand from three (3) offshore borrow areas using a hopper or hydraulic cutterhead or hopper dredge and to place the sand on the beach. Beach-compatible material obtained from approved upland sand mines may also be utilized for beach placement. The design beach berm will be filled to an elevation of +5.9 feet North American Vertical Datum (NAVD) at the dune line and will gradually slope to +4.9 feet NAVD at the crest of the seaward edge of the beach face.

From there, the berm will have a foreshore slope of 1:10 (vertical : horizontal) to the existing profile. A submerged nearshore berm will be constructed fronting a 2,600-foot portion of the upland berm, and a vegetated dune will be restored behind a different 1,400-foot portion of the berm.

The activity includes consideration of an application for a 15-year sovereign submerged lands public easement (Instrument No. 41704, BOT File No. 580238155) containing

231.888 acres or 10,101,041.28 square feet, more or less, for Borrow Area 1; 121,672 acres or 5,300,032.32 square feet, more or less, for Borrow Areas 3a and 3b together; and

105.880 acres or 4,612,132.8 square feet, more or less, for Borrow Area 4.

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

3. The Permittee shall not conduct project operations or store project-related equipment in, on or over dunes, or otherwise impact dune vegetation, outside the approved staging, beach access and dune restoration areas designated in the permit drawings. Dunes that are impacted within approved staging or access areas shall be restored to pre-construction grade and shall be at an elevation consistent with adjacent dunes. Any vegetation that is impacted within approved staging or access areas shall be restored to pre-construction densities with similar species. Restoration activities shall be complete prior to a notice of completion to the Department.

4. Pre- Construction Submittals. Notice to Proceed Requirements. For each construction event under this permit, nNo work shall commence be conducted under this permit until the Permittee has satisfactorily submitted all information noted in this condition received a written notice to proceed from the Department for each event. At least 30 days prior to commencement of construction, the requested date of issuance of the notice to proceed, the Permittee shall submit the following items for review written request for a Notice to Proceed and the following items for review and approval 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, pipeline corridors, staging areas, boat access corridors, etc.) to be used for this project;

b. Biological Opinion. Documentation from the U.S. Fish and Wildlife Service (USFWS) that this work will be covered under a Statewide Programmatic Biological Opinion or a Biological Opinion(s) (BO) issued for construction on this project site. If the BO contains conditions that are not already contained herein, a permit modification may be required prior to construction to include those additional conditions. In accordance with Section 161.041(5), F.S., no construction that could result in take of threatened and marine turtles shall begin until the federal incidental take authorization is issued in accordance with the federal Endangered Species Act. All terms and conditions and conservation measures in the applicable federal incidental take authorization, if not addressed in the existing conditions listed below, shall be incorporated into this permit through a permit modification prior to construction. ;

c. Public Easement. Documentation that the Public Easement has been executed and recorded to the satisfaction of the Department;

d. Turbidity monitoring qualifications. Construction at the project site shall be monitored closely by an experienced, independent third party to assure that turbidity levels do not exceed the compliance standards established in this permit.

Also, an individual familiar with beach construction techniques and turbidity monitoring shall be present at all times when fill material is discharged on the beach. 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. The names and qualifications of those individuals performing these functions along, with 24-hour contact information shall be submitted for approval;

e. 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;

f. Biological monitoring qualifications: Biological monitoring qualifications shall be submitted to the JCP Compliance Officer for review. If additional monitoring team(s) are subcontracted, or new staff is added to the monitoring team, proposed changes and qualifications shall be submitted to the JCP Compliance Officer for review at least 30 days prior the sampling event. The Permittee’s selected biological monitoring firm is fully responsible for training of new staff members and subcontractors as well as the QA/QC verification of their work;

g. A detailed Biological Monitoring Plan, as outlined in Specific Conditions 30 and 31 subject to review and approval by the Department; and

h. A detailed Physical Monitoring Plan, as outlined in Specific Condition 29, subject to review and approval by the Department.

i. Documentation confirming that the approved upland source is currently producing the quantity and quality of the authorized sand product required for the upcoming event, as required by Specific Condition 9.

j. Fish & Wildlife Monitoring Qualifications: To ensure that individuals conducting monitoring of fish and wildlife resources have appropriate qualifications, the Permittee shall provide documentation demonstrating expertise/experience in surveying the types of resources that are present in the project. The Department and the Florida Fish and Wildlife Conservation Commission (FWC) will review this information for confirmation that the monitors are capable of meeting the requirements in Specific Conditions 10 through 25. This documentation shall include the following:

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

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

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

JCP Compliance Officer e-mail: JCPCompliance@dep.state.fl.us

FWC Imperiled Species Management Section Florida Fish & Wildlife Conservation Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600 phone: (850) 922-4330 fax: (850) 921-4369 or email: marineturtle@myfwc.com

FWC Regional Biologist See Contact list for phone numbers (http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts)

The Permittee is also advised to schedule the pre-construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the pre-construction conference, the Permittee shall provide written notification, advising the participants (listed above) of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number.

If the actual construction start date is different from the expected start date proposed during the preconstruction conference, at least 48 hours prior to the commencement of each dredging event, the Permittee shall ensure that notification is sent to the FWC indicating the actual start date and the expected completion date to MarineTurtle@MyFWC.com. The Permittee shall also ensure that all contracted workers and observers are provided a copy of all permit conditions.

7. Sediment quality will be assessed as outlined in the Sediment QA/QC plan dated March 20, 2014 (received on April 18, 2014) December 5, 2022 (attached). Any occurrences of placement of material not in compliance with the Plan shall be handled according to the protocols set forth in the Sediment QA/QC plans. The sediment testing result shall be submitted to the Department’s JCP Compliance Officer within 90 days following the completion of beach construction. The Sediment QA/QC plans include the following:

a. If during construction, the Permittee or Engineer determines that the beach fill material does not comply with the sediment compliance specifications, measures will be taken to avoid further placement of noncompliant fill, and the sediment inspection results will be reported to the Department’s JCP Compliance Officer.

b. The Permittee will submit post-construction sediment testing results and an analysis report as outlined in the Sediment QA/QC plan to the Department’s JCP Compliance Officer within 90 days following beach construction. The sediment testing results will be certified by a P.E. or professional geologist (P.G.) from the testing laboratory. A summary table of the sediment samples and test results for the sediment compliance parameters as outlined in Table 1 of the Sediment QA/QC plan shall accompany the complete set of laboratory testing results. A statement of how the placed fill material compares to the sediment analysis and volume calculations from the geotechnical investigation shall be included in the sediment testing results report.

c. A post-remediation report containing the site map, sediment analysis, and volume of non-compliant fill material removed and replaced will be submitted to the Department’s JCP Compliance Officer within 7 days following completion of remediation activities.

8. Material from the following mines were reviewed and are approved for use under this permit:

- The non-shelly sand product from Vulcan Witherspoon mine in Moore Haven, FL;

- the beach sand product from Vulcan Diamond mine in Lake Wales, FL;

- the Medium Beach Sand product from Cemex Davenport in Davenport, FL;

- the Fine and Medium Beach Sand products from Cemex Lake Wales in Lake

Wales, FL; and

- the beach sand Stewart Materials in Immokalee, FL

Any additional upland sand sources will have to be requested for review through the permit modification process.

9. Prior to each construction event, the Permittee (or Permittee’s Representative) shall submit documentation confirming that the authorized upland sand source(s) is currently producing both the quantity and quality of the authorized sand product(s) to meet the needs of the upcoming event. The documentation shall be signed and sealed by a Registered Professional in the State of Florida (i.e., a P.E. or P.G.) and shall indicate the name(s) of the product(s), the upland sand source(s) and the approximate volume (per product per source) needed for the upcoming event. The Permittee shall submit the documentation to the Department as a preconstruction submittal item no later than 45 days prior to construction. Note: If the upland source(s) is no longer producing a product consistent with the approved Sediment QA/QC Plan, a permit modification will be required to authorize an alternate source.

Specific Conditions 8 – 28 will be stricken and replaced with Specific Conditions 10 – 25 and all subsequent conditions (28-36) have been renumbered accordingly (26-38).

8 10. In accordance with Sections 161.041 (5) and 379.2431 (1), F.S., no work shall be conducted under this permit until the Biological Opinions from the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) have been issued and incidental take has been authorized. However, if the Biological Opinions require additional Fish and Wildlife Protection Conditions that are not currently listed below, no construction shall begin until the permit has been modified to include those additional conditions.

11. In-water Activity. The Permittee shall adhere to the following requirements for all in-water activity:

a. The Permittee shall instruct all personnel associated with the project about the presence of marine turtles and manatees, and the need to avoid collisions with (and injury to) these protected marine species. The Permittee shall be responsible for harm to these resources and shall require their contractors to advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees or marine turtles, which are protected under the Endangered Species Act, the Marine Mammal Protection Act, the Marine Turtle Protection Act and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle

Speed/No Wake” at all times while in the immediate project area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible.

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

Barriers shall not impede manatee or marine turtle movement or travel.

d. The Permittee is responsible for all on-site project personnel and shall require them to observe water-related activities for the presence of marine turtles and manatee(s). All in-water operations shall be immediately shut down if a marine turtle or manatee comes within 50 feet of the operation. For unanchored vessels, operators shall disengage the propeller and drift out of the potential impact zone.

If drifting would jeopardize the safety of the vessel then idle speed may be used to leave the potential impact zone. Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation.

Animals shall not be herded away or harassed into leaving.

e. Any collision with (or injury to) a marine turtle or manatee shall be reported immediately to the FWC Hotline at 888-404-3922, and to the FWC at ImperiledSpecies@MyFWC.com. Any collision with (and/or injury to) a marine turtle shall also be reported immediately to the Sea Turtle Stranding and Salvage Network (STSSN) at SeaTurtleStranding@MyFWC.com.

f. Temporary signs concerning manatees shall be 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 MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@MyFWC.com.

12. Hopper Dredging. If a hopper dredge is used for this project, the following requirements shall be met:

g. Handling of captured marine turtles during hopper dredging activities shall be conducted only by persons with prior experience and training in these activities, and who are duly authorized to conduct such activities through a valid Marine Turtle Permit issued by the FWC, pursuant to Chapter 68E-1, F.A.C. The Permittee shall forward documentation of these qualifications to the FWC for review, as required in Specific Condition 4.

h. In order to minimize impingement or entrainment of marine turtles within the water column, dredging pumps shall be disengaged by the operator, or the draghead bypass valve shall be open and in use when the dragheads are not firmly on the bottom. This precaution is especially important during the cleanup phase of dredging operations.

i. A state-of-the-art rigid deflector draghead shall always be used on all hopper dredges.

j. The Sea Turtle Stranding and Salvage Network (STSSN) Coordinator shall be notified of the start-up and completion of hopper dredging operations at 904-573- 3930 or via e-mail at Allen.Foley@MyFWC.com. If a marine turtle is captured or marine turtle parts are recovered, the STSSN shall be contacted at SeaturtleStranding@MyFWC.com.

13. Trawling. If relocation trawling or non-capture trawling for marine turtles is required as per applicable NMFS Biological Opinions and Incidental Take authorizations, the following is required:

k. Any activity involving the use of nets to harass and/or to capture and handle marine turtles in Florida waters requires a Marine Turtle Permit from the FWC prior to trawling.

l. The Permittee or their contractor shall e-mail (MTP@MyFWC.com) reports to the

FWC’s Imperiled Species Management Section on Friday of each week that trawling is conducted in Florida waters. These weekly reports shall include the species and number of turtles captured, their general health, and release information. A summary of all trawling activity (including non-capture trawling) shall be submitted to MTP@MyFWC.com by January 15 of the following year, or at the end of the project. The summary shall be recorded/documented on the FWC-provided Excel spreadsheet (available at https://myfwc.com/media/3168/trawl-report-template.pdf), and shall list all turtles captured in Florida waters, the measurements of all captured turtles, the location of captures (latitude and longitude in decimal degrees), the location of tow start-stop points (latitude and longitude in decimal degrees), and times for the start-stop points of the tows (including tows when no turtles are captured).

14. Construction Area Project Lighting.

During the marine turtle nesting season (May 1 through October 31), direct lighting of the beach and nearshore waters shall be limited to the immediate area of active construction. Staging areas, if allowed on the nesting beach, shall not be illuminated unless specifically reviewed and authorized by FWC.

Lighting on offshore and onshore equipment shall be minimized by reducing the number of fixtures, shielding, lowering the height and appropriately placing fixtures to avoid excessive illumination of the water’s surface and nesting beach. The intensity of lighting shall be reduced to the minimum standard required for general construction area safety.

Shields shall be affixed to the light housing on dredge and on land-based lights and shall be large enough to block lamp light from being transmitted outside the construction area or to the adjacent marine turtle nesting beach. (Figure 1 below).

Figure 1

15. Wildlife Conditions for All Beach Related Activities. The Permittee shall adhere to the following requirements for all beach-related activities during marine turtle and shorebird nesting/breeding seasons [February 15 through October 31].

a. Beach Maintenance.

i. The Permittee shall require their contractor and protected species monitors to inspect all work areas that have excavations and temporary alterations of beach topography each day, to determine which areas have deviations (such as depressions, ruts, holes and vehicle tracks) capable of trapping flightless shorebird chicks or marine turtle hatchlings. If so, the deviations outside of the active fill placement area – (see Specific Condition 17) shall be filled or leveled from the natural beach profile prior to 9:00 p.m. each day. The beach surface shall also be inspected subsequent to completion of the project, and all tracks, mounds, ridges or impressions, etc. left by construction equipment on the beach shall be smoothed and leveled.

ii. All debris, including derelict construction or coastal armoring material, concrete and metal, found on the beach placement site, shall be removed from the beach to the maximum extent practicable prior to any placement of fill material. If debris removal activities will take place during protected species nesting seasons, the work shall be conducted during daylight hours only, and shall not commence until completion of daily monitoring surveys.

b. Equipment Storage and Placement.

iii. Staging areas and temporary storage for construction equipment and pipes shall be located off the beach to the maximum extent practicable.

Nighttime storage of construction equipment that is not in use shall be located off the beach. If staging and storage areas off the beach are not possible, then additional marine turtle and shorebird protective measures shall be implemented. Such protective measures shall be determined in coordination with the Department and the FWC prior to beginning of construction. All construction pipes that are in use on the beach shall be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. Pipes placed parallel to the dune shall be 5 to 10 feet away from the toe of the dune.

iv. If it is necessary to extend construction pipes past a known shorebird nesting site, then those pipes shall be placed landward of the site before birds are active in that area. No pipe or sand shall be placed seaward of a shorebird nesting site during the shorebird nesting season. If such placement is not feasible for the project, the FWC’s Regional Biologist shall be contacted for alternative measures. See contacts available at https://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts/.

c. Beach Driving. All vehicles operated on the beach shall operate in accordance with the FWC’s Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/).

Specifically, the vehicle shall be operated at speeds less than 6 mph and run at or below the high-tide line. All personnel associated with the project shall be instructed about the potential presence of protected species, and the need to avoid injury and disturbance to these species. Note: when flightless chicks are present within or adjacent to travel corridors, construction-related vehicles shall not be driven through the corridor unless a Bird Monitor is present pursuant to Specific Condition 22.

16. Marine Turtle Protection Conditions.

Construction-related activities are authorized to occur on the nesting beach (sandy beach seaward of existing coastal armoring structures or dune crest and all areas used for beach access) during marine turtle nesting season (May 1 through October 31) under the following conditions:

a. Daily early morning marine turtle nest surveys shall start two weeks prior to marine turtle nesting season (April 15) or 65 days prior to beach placement whichever is later. Daily nesting surveys shall continue through November 30, or until two weeks after the last crawl in the project area, whichever is earlier.

b. Daily nesting surveys shall be conducted beginning ½ hour prior to sunrise, and no construction activity may commence until completion of the marine turtle survey each day.

c. The Permittee shall ensure that marine turtle nesting surveys are conducted as required in this authorization, and only conducted by personnel with a valid FWC Marine Turtle Permit, that covers all project activities as required by Chapter 68E-1, F.A.C. For information on the authorized Marine Turtle Permit Holders in the project area, contact FWC at MTP@MyFWC.com.

d. Only those nests laid in the area where sand placement will occur shall be relocated, and nest relocation shall cease after the sand placement is completed.

Nests requiring relocation shall be moved no later than 9 a.m., the morning following deposition (no longer than 12 hours from the time the eggs are laid), to a nearby self-release beach site in a secure setting, where artificial lighting will not interfere with hatchling orientation. The relocation site shall be determined in conjunction with and approved by the FWC prior to nest relocations. Relocated nests shall not be placed in organized groupings. Relocated nests shall be randomly staggered along the length and width of beach settings that are not expected to experience any of the following: inundation by high tides; severe erosion; previous egg loss; or illumination by artificial lighting.

e. Nests deposited within areas where construction activities will not occur for 65 days, or nests laid in the nourished berm prior to tilling, shall be marked and left in place. The Marine Turtle Permit Holder shall install on- beach markers at the nest site to establish a minimum 5- foot radius around the approximate clutch location and shall also install a secondary marker at a point as far landward as possible to assure that the nest can be located should the on- beach marker be lost.

No activity shall occur within the marked area, nor shall any activities occur that could result in impacts to the nest. Nest sites shall be inspected daily to assure nest markers remain in place and the nest has not been disturbed by the project activity.

17. Fill Restrictions. During the marine turtle nesting season, the contractor shall not advance the beach fill more than 500 feet along the shoreline between dusk and the following day, until the daily nesting survey is completed, and the beach has been cleared for fill advancement. If the 500-foot advancement limitation is not feasible for the project, an alternative distance shall be established during the preconstruction meeting, if a distance can be agreed upon in consultation with the FWC. If the work area is extended, nighttime nesting surveys are required, and a Marine Turtle Permit Holder is required to be present on-site to ensure that no nesting and hatching marine turtles are present. If any nesting turtles are sighted on the beach within the immediate construction area, activities shall cease immediately until the turtle has returned to the water and the Marine Turtle Permit Holder responsible for nest monitoring has relocated the nest.

18. Marine Turtle or Nest Encounters. Upon locating a dead or injured marine turtle adult, hatchling, or egg that may have been harmed or destroyed as a result of the project, the Permittee shall be responsible for notifying the FWC Wildlife Alert at 888-404-FWCC (3922). Care shall be taken in handling injured marine turtles or exposed eggs to ensure effective treatment or disposition, and in handling dead specimens to preserve biological materials for later analysis. If a marine turtle nest is excavated during construction activities, but not as part of the authorized nest relocation process outlined in these specific conditions, the permitted person responsible for egg relocation for the project shall be notified immediately so the eggs can be moved to a suitable relocation site.

19. Tilling, Compaction and Escarpment Remediation Requirements. For the years after the first- year sand placement (out- year), compaction monitoring, tilling and escarpment monitoring are not required if placed material no longer remains on the dry beach.

a. Compaction Sampling. Sand compaction shall be monitored in the area of sand placement immediately after completion of the nourishment event, and two weeks prior to the beginning of marine turtle nesting season, for three (3) subsequent years. The requirement for compaction monitoring may be eliminated if the placed sand is tilled, regardless of post- construction compaction levels. If the average value for any depth exceeds 500 pounds per square inch (psi) for any two or more adjacent stations, then that area shall be tilled prior to the beginning of marine turtle nesting season.

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