Statement of Understanding

4673 DR-FL - GM 714658 / PW 01484 – Flagler County – Flagler County Beach Sand

Replenishment Project and 4680 DR-FL - GM 714659 / PW 00153 – Flagler County – Flagler

County Beach Sand Replenishment Project Scope of Work: DI # 1317448, Flagler County Beach Sand Replenishment Project: Furnish and install

65,085 CY of sand on segment R 47.9 - R 64.5, and 66,076 dune plants between Reach G1 to G3. The project coordinates are Reach G-1 starting at R-2.3 (29.667290, -81.212039), ending at R-11.8

(29.643203, -81.201653); reach G-2 starting at R-15.9 (29.633263, -81.197843), ending at R-24.3

(29.611919, -81.188176); reach G-3 starting at R-47.9 (29.552715, -81.162702), ending at R-65

(29.513372, -81.143029). The project length is 33,125 LF (6.27 miles). The sand was obtained from an offshore source called borrow area 3A located at: 29.56916904, -80.96195766. For the Reach G-3, a modification of permits JCP # (0379716-001-JC), and a USACE permit SAJ-2019-02065 (SP-TMM) was requested and is under evaluation. HMP: The mitigation measure is to increase the density of planting to reduce erosion caused by surge waves. To accomplish this goal, previous plantings were planned at 18" on center; now it will be installed at 12" on center. This would increase the total number of plants from

66,076 to 148,670.

DI #1317449: Furnish and install 77,105 CY of sand on segment R 47.9 - R 64.5, and 80,759 dune plants. The project goes from Reach G1 until G3. The coordinates are reach G-1 and start at R-2.3

(29.667290, -81.212039), ending at R-11.8 (29.643203, -81.201653); reach G-2 starts at R-15.9

(29.633263, -81.197843), ending at R-24.3 (29.611919, -81.188176); reach G-3 starts at R-47.9

(29.552715, -81.162702), ending at R-65 (29.513372, -81.143029). The sand was obtained from an offshore source called borrow area 3A located at: 29.56916904, -80.96195766. For the Reach G-3, a modification of permits JCP # (0379716-001-JC), and a USACE permit SAJ-2019-02065 (SP-TMM) was requested and is under evaluation. HMP: The mitigation measure is to increase the density of planting to reduce the erosion caused by the surge waves and adding wood rope fencing to protect the dune and plantings from pedestrians. The increase in density is going to be accomplished by changing the distance between plants from 18" in center to 12" in center. This would increase the total number of plants from

80,759 to 181,707.

To ensure compliance with: Clean Water Act (CWA), Migratory Birds Treaty Act (MBTA), National

Environmental Policy Act (NEPA).

Instructions:

• Please review the documents and/or conditions/conservation measures listed below.

• Sign and date indicating that you, the Applicant, have read, understand, and will incorporate the conditions/conservation measures into completion of the scope of work.

Documents:

1. FDEP Permit No. 0379716-001-JC

2. USACE Permit SAJ-2019-02065

3. Programmatic Environmental Assessment for Beach, Inlet Shoreline, and Dune Nourishment and

Restoration Actions in Florida,

4. Finding of no significant impact (FONSI) Conditions:

1. CWA CONDITION: The sub-recipient is responsible for coordinating with and obtaining any required Section 404 permit(s) from the United States Army Corps of Engineers (USACE) and

401 permit(s) from the responsible state or tribal agency prior to initiating work. The sub-recipient shall comply with all conditions and pre-construction notification requirements of the required permit(s), including any applicable regional conditions. All coordination pertaining to these activities or compliance with applicable permits must be documented and maintained in the subrecipient's permanent files. Copies must be forwarded to the Recipient (state or tribal EMA) and FEMA as part of the permanent project file. Failure to comply with this requirement may jeopardize receipt of federal funds.

2. MBTA CONDITION: The Applicant shall comply with the shorebird monitoring and protection conditions provided in FDEP Permit No. 0379716-001-JC between February 15 - September 1.

Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance shall be required at project closeout.

3. NEPA: This project's activities are covered under the Programmatic Environmental Assessment for Beach, Inlet Shoreline, and Dune Nourishment and Restoration Actions in Florida which received a finding of no significant impacts (FONSI) signed on 07/17/2025. See attached NEPA documents for more information.

Name: Title:

Signature: Date:

Replenishment Project and 4680 DR-FL - GM 714659 / PW 00153 – Flagler County – Flagler

County Beach Sand Replenishment Project

Scope of Work: DI # 1317448, Flagler County Beach Sand Replenishment Project: Furnish and install

65,085 CY of sand on segment R 47.9 - R 64.5, and 66,076 dune plants between Reach G1 to G3. The project coordinates are Reach G-1 starting at R-2.3 (29.667290, -81.212039), ending at R-11.8

(29.643203, -81.201653); reach G-2 starting at R-15.9 (29.633263, -81.197843), ending at R-24.3

(29.611919, -81.188176); reach G-3 starting at R-47.9 (29.552715, -81.162702), ending at R-65

(29.513372, -81.143029). The project length is 33,125 LF (6.27 miles). The sand was obtained from an offshore source called borrow area 3A located at: 29.56916904, -80.96195766. For the Reach G-3, a modification of permits JCP # (0379716-001-JC), and a USACE permit SAJ-2019-02065 (SP-TMM) was requested and is under evaluation. HMP: The mitigation measure is to increase the density of planting to reduce erosion caused by surge waves. To accomplish this goal, previous plantings were planned at 18" on center; now it will be installed at 12" on center. This would increase the total number of plants from

(29.667290, -81.212039), ending at R-11.8 (29.643203, -81.201653); reach G-2 starts at R-15.9

(29.633263, -81.197843), ending at R-24.3 (29.611919, -81.188176); reach G-3 starts at R-47.9

(29.552715, -81.162702), ending at R-65 (29.513372, -81.143029). The sand was obtained from an offshore source called borrow area 3A located at: 29.56916904, -80.96195766. For the Reach G-3, a modification of permits JCP # (0379716-001-JC), and a USACE permit SAJ-2019-02065 (SP-TMM) was requested and is under evaluation. HMP: The mitigation measure is to increase the density of planting to reduce the erosion caused by the surge waves and adding wood rope fencing to protect the dune and plantings from pedestrians. The increase in density is going to be accomplished by changing the distance between plants from 18" in center to 12" in center. This would increase the total number of plants from

80,759 to 181,707.

To ensure compliance with: Endangered Species Act (ESA)

Instructions:

• Please review the documents and/or conditions/conservation measures listed below.

• Sign and date indicating that you, the Applicant, have read, understand, and will incorporate the conditions/conservation measures into completion of the scope of work.

Documents:

1. Sea Turtle and Smalltooth Sawfish Construction Conditions

2. Standard Manatee Conditions for In-Water Work (2011)

3. Vessel Strike avoidance measure

4. USFWS Consistency Letter regarding the West Indian Manatee

5. 2023 EHP FEMA-USFWS Statewide Programmatic Consult

a. Eastern Indigo Snake (p. 17, 96 – 101)

b. Piping Plover (p. 19 – 20)

c. Sea Turtles (p. 22 – 23, 25- 26)

d. West Indian Manatee conditions (p.36)

e. Other requirements (pgs. 44-45)

6. 2013 USACE USFWS Programmatic Piping Plover Biological Opinion (P3BO), dated

05/22/2013

7. 2015 USFWS Statewide Programmatic Biological Opinion (SPBO) for sand placement activities in Florida, dated 03/13/2015.

8. 2020 NMFS South Atlantic Regional Biological Opinion for Dredging and Material Placement

Activities in the Southeast United States (2020 SARBO), dated 07/30/2020.

i. 1.2 Dredged material placement covered under the 2020 SARBO, (p. 523 – 531).

Conditions:

1. ESA CONDITION 1: Per USFWS Programmatic Consultation dated 7/11/2023, Sub-recipient must adhere to Conservation Measures (pgs. 19-20, 22-23, 25-26, and 44-45) and USFW

Technical Letter, regarding dune planting, sea turtles, Piping Plover, Eastern Indigo Snake, and

West Indian Manatee. Failure to comply with these conditions may jeopardize FEMA funding;

verification of compliance will be required at project closeout.

2. ESA CONDITION 2: The proposed project must adhere to the Conservation Measures and

Terms and Conditions of the following Biological Opinions: USFWS Programmatic Piping

Plover BO, the USFWS Statewide Programmatic BO for Sand Placement, and the NMFS SARBO

(pgs. 523-531). The subrecipient must also adhere to the attached Sea Turtle and Smalltooth

Sawfish Construction Conditions, Vessel Strike avoidance measures, and Standard Manatee

Conditions for In-Water Work. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout.

Replenishment Project and 4680 DR-FL - GM 714659 / PW 00153 – Flagler County – Flagler

County Beach Sand Replenishment Project

Scope of Work: DI # 1317448, Flagler County Beach Sand Replenishment Project: Furnish and install

65,085 CY of sand on segment R 47.9 - R 64.5, and 66,076 dune plants between Reach G1 to G3. The project coordinates are Reach G-1 starting at R-2.3 (29.667290, -81.212039), ending at R-11.8

(29.643203, -81.201653); reach G-2 starting at R-15.9 (29.633263, -81.197843), ending at R-24.3

(29.611919, -81.188176); reach G-3 starting at R-47.9 (29.552715, -81.162702), ending at R-65

(29.513372, -81.143029). The project length is 33,125 LF (6.27 miles). The sand was obtained from an offshore source called borrow area 3A located at: 29.56916904, -80.96195766. For the Reach G-3, a modification of permits JCP # (0379716-001-JC), and a USACE permit SAJ-2019-02065 (SP-TMM) was requested and is under evaluation. HMP: The mitigation measure is to increase the density of planting to reduce erosion caused by surge waves. To accomplish this goal, previous plantings were planned at 18" on center; now it will be installed at 12" on center. This would increase the total number of plants from

(29.667290, -81.212039), ending at R-11.8 (29.643203, -81.201653); reach G-2 starts at R-15.9

(29.633263, -81.197843), ending at R-24.3 (29.611919, -81.188176); reach G-3 starts at R-47.9

(29.552715, -81.162702), ending at R-65 (29.513372, -81.143029). The sand was obtained from an offshore source called borrow area 3A located at: 29.56916904, -80.96195766. For the Reach G-3, a modification of permits JCP # (0379716-001-JC), and a USACE permit SAJ-2019-02065 (SP-TMM) was requested and is under evaluation. HMP: The mitigation measure is to increase the density of planting to reduce the erosion caused by the surge waves and adding wood rope fencing to protect the dune and plantings from pedestrians. The increase in density is going to be accomplished by changing the distance between plants from 18" in center to 12" in center. This would increase the total number of plants from

80,759 to 181,707.

To ensure compliance with: Coastal Zone Management Act (CZMA)

Instructions:

• Please review the documents and/or conditions/conservation measures listed below.

• Sign and date indicating that you, the Applicant, have read, understand, and will incorporate the conditions/conservation measures into completion of the scope of work.

Documents:

1. FDEP JC Permit, 0379716-001-JC.

Conditions:

1. CZMA CONDITION: The sub-recipient must comply with the conditions of the FDEP Joint

Coastal Permit 0379716-001-JC. Failure to comply with this condition may jeopardize FEMA funding; verification of compliance will be required at project closeout.