Amendment 0003 - Tillamook South Jetty Repairs - W9127N22B0007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1) The follow ing plan sheets w ere revised:

G-002, G-012, CS101, CS102, CS103

2) The follow ing sections in the specs w ere revised:

Section 31 00 10.00 25, Page 5: Sec 3.4.a (2 revisions) Section 31 00 10.00 25, Page 5: Sect 3.4 Section 31 00 10.00 25, Page 5: Sect 3.4c Section 31 00 10.00 25, Page 5: Sect 3.4d Section 31 00 10.00 25, Page 6: Sect 3.6a (2 revisions) Section 31 11 00.00 25, Page 2: Sect 3.2 Section 32 90 00.00 25, Page 4: Sect 1.4.2a Section 35 20 23.13 25, Page 5: Sect 3.1.4b

Attachment 5 - Final IHAs Attachment 7 - SLOPES document w ith confirmation emails attached at end.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 18-Aug-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9127N22B0007

X 9B. DATED (SEE ITEM 11)

01-Aug-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-Aug-2022

CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127N22B0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

Tillamook South Jetty Repairs

3.4 ROAD IMPROVEMENTS

a. Bayocean Dike Road is shown on the plan sheets. The Contractor may improve this road only to the extents necessary for safe reliable passage of required equipment, materials, and vehicles. Allowable improvements include minor clearing and grubbing, grading, placement of gravel or rock on the road surface, and widening. The maximum road width to include the existing road with the widening is limited to 15 feet, except in the turnout areas. Sections of this road on private property (property boundaries are shown on the Drawings) must not be widened beyond the existing widths. Road widening is not permitted where constricted by wetlands.

b. The Drawings show available locations where turnouts may be constructed on Bayocean Dike Road. Additional turnouts other than those shown on the Drawings may be constructed with approval by the CO, but must not be constructed where constricted by wetlands or by private property boundaries. All turnouts are to be limited to 15 feet wide and 50 feet long. In these turnout areas, the maximum width of the road with the turnout must not exceed 30 feet.

c. Improvements to Bayocean Dike Road between the MOF area at Kincheloe Point and the south jetty root are anticipated to create a haul road suitable for delivery of heavy equipment and materials. The haul road alignment is shown on the Drawings.

d. Repairs to the haul road through the washout area will be required to access the jetty. Repair and maintain this section of road to support anticipated loads from heavy construction vehicles and jetty stone hauling. Construct the road base with suitable energy-dissipating aggregate or riprap material to prevent degradation of the road due to wave action and water flows for full duration of construction. Road base material must be well-graded with less than 10% fines (Sieve No. 200) to allow water flow through while resisting erosive forces. Excavation to allow installation of suitable height of road base material is allowed. Include a description of haul road repairs in the washout area in the Temporary Road Access and Staging Plan.

e. The total project fill limit is 0.5 acres and includes all fill in areas below the High Tide Line (HTL) (+7.23 feet NAVD88 elevation).

Fill may be needed to construct the MOF. The fill limit does not include stone placement on the jetty.

f. Locations where hardened wetland protection measures and silt fence are required to be installed along section of Bayocean Dike Road to protect wetlands and other sensitive areas are shown on the Drawings.

3.5 STAGING AREA IMPROVEMENTS

a. Available areas for material staging and stockpiling are shown on the Drawings and described in this Section. The surfaces of these areas consist primarily of beach sand, small rocks, and vegetation and are unpaved. Allowable improvements to these areas include clearing and grubbing, grading, and placement of gravel or rock base material to support equipment and jetty stone.

b. Stockpile individual jetty stones that are greater than four tons

SECTION 31 00 10.00 25 Page 5

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Inserted Text Replace with: Haul road improvements such as stabilizing and widening Bayocean Dike Road between the MOF area at Kincheloe Point and the south jetty root are anticipated to create a haul road suitable for delivery of heavy equipment, jetty stone and other necessary construction materials.

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Inserted Text Replace with: Construction and maintenance of the haul road through the washout area will be required to access the jetty and primary staging area. Repair and maintain this section of road to support anticipated loads from heavy construction equipment and jetty stone hauling. Construct the road base with suitable aggregate or riprap type material to prevent road quality degradation and loss of road material to wave action and tidal flow for the full duration of construction. All finer grained base or top course road material must have no more than 10% fines (Sieve No. 200) by weight. Excavation to allow installation of suitable height of road base material is allowed. Submit for government approval a full description of proposed haul road repairs in the washout area within the Temporary Road Access and Staging Plan submittal.

no more than two pieces high. Jetty stone that is smaller than four tons may be stacked up to 10 feet high. The side slopes of the stockpiles must be tight and stable to prevent movement of material from slight disturbances. Any method of stockpiling which could cause excessive breakage is not permitted. If it is determined that stockpiles of stones smaller than four tons stacked up to 10 feet high are creating dangerous situations, the Contracting Officer may direct the Contractor to stack stone to a lower height.

3.6 POST-CONSTRUCTION

a. Maintain the construction access and haul roads and staging areas in place until no longer needed for the permanent work. Fill used for staging areas and improvements to roads, except for the section in the washout area through the Western Snowy Plover Critical Habitat Area, may be left in place at completion of the permanent work provided the fill is not in wetlands. The section of road installed through the Western Snowy Plover Critical Habitat Area must be removed at completion of the permanent work.

b. Site restoration requirements are specified in Section

32 90 00.00 25, SITE RESTORATION.

-- End of Section --

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Replace with: The section of temporary road installed to the west of the washout area (Station -2+00 to 9+00) must be removed at completion of the permanent work. The road material is to be placed along the haul road north or south of the washout area. Material with grain-size 4-in or larger is to be placed within 4 feet of the western edge of the remaining road.

SECTION 31 11 00.00 25

CLEARING AND GRUBBING

PART 1 GENERAL

1.1 DESCRIPTION

Clear and grub the portions of the designated work area as required for the Contractor's operations, access, and stockpiling of materials. Prepare a Clearing and Grubbing Plan showing the areas to be cleared including existing woody debris located around the work area, haul roads and optional material off-loading facility. The required clearing and grubbing will include special consideration and care to effectively process and remove anyonsite invasive species. Include location of the off-site disposal landfillin the plan. All temporary erosion control measures must be in place prior to clearing and grubbing in accordance with the plans and specifications.

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. Submit the following in accordance with Section 01 33 00, SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Clearing and Grubbing Plan; G

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 PROTECTION

Take necessary precautions to avoid damage to existing items to remain in place, to be reused, or to remain the property of the Government. Repair or replace damaged items as directed by the Contracting Officer.

Coordinate the work of this section with all other work indicated.

3.2 CLEARING

Prior to clearing activities, survey the area for active bird nests. Refer to Section 01 57 19.00 25, paragraph 3.2.1 Nesting Birds. Clearing consists of the felling, trimming, cutting and disposal of the trees and other vegetation designated for removal, including downed timber, snags, brush, woody debris and rubbish occurring within the areas to be cleared.

Preserve as many trees as practicable within the work area. Approximately 20 acres of the available staging area at the jetty root and 0.5 acres of the optional material off-loading facility have shrubs and small trees that may require removal. Road improvements along Bayocean Dike Road may also require removal of trees and shrubs. Trees, stumps, roots, brush, and other vegetation in areas to be cleared must be cut off flush with or below the original ground surface. Woody debris is scattered throughout the work area. Move the woody debris to a location out of the way of construction and re-scatter during site restoration efforts to provide habitat diversity.

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Highlight Insert text: To avoid impacts to migratory birds, vegetation clearing along access roads, haul routes and staging areas is not permitted between March 1 and August 31.

1.3 DEFINITIONS

1.3.1 Planting Areas

A Planting Area is defined as an area containing one or a combination of the following plant types: shrubs, trees, grasses, and perennial forbs.

1.3.2 Drift Wood and Woody Debris

A habitat treatment within a desired area to promote the natural inhabitance of flora and fauna by retention and/or placement of pieces of woody debris or salvaged logs measuring a minimum of 4 inches in diameter at the largest end and a minimum of 4 feet in length. Evenly distribute woody debris as individuals, clumps or small piles not to exceed 3 feet high.

1.4 DESCRIPTION

1.4.1 Summary

This Section covers the requirements for permanent revegetation of the site. Specific requirements include pre-construction site vegetation surveys, revegetation plan development, site preparation, seeding and planting of areas to be permanently revegetated, monitoring revegetation growth, and achievement of success. Provide all materials, labor, and equipment necessary to complete the work as specified herein, to apply specified treatments to all areas designated for permanent revegetation.

Perform all work in accordance with applicable requirements of Tree Care Industry TCIA Z133.1 .

1.4.2 Areas for Revegetation

a. The Drawings show available equipment and material staging and stockpiling areas for the south jetty repair work. The staging area near the south jetty root is approximately 46 acres and within the Western Snowy Plover Critical Habitat Area. The area designated on the Drawings as the barge/material off-loading staging area is also available for staging.

b. The staging area within the Western Snowy Plover Critical Habitat will not require permanent revegetation at completion of staging activities. Areas within the Western Snowy Plover Critical habitat that were used for staging are to be cleared of debris and vegetation, and graded to be generally flat.

c. The Contractor must only disturb properties that are absolutely necessary for construction. All disturbed areas, except in Western Snowy Plover Critical Habitat areas must be replanted to acceptable foliar densities for grasses and shrubs and at ratio of 3:1 for woody species. With the exception of known invasive species, replacement species must be native and either the same or functionally equivalent to the species effected. Replantings must be at similar plant ratios as found on-site during the pre-construction vegetation survey. All seed mixtures must be approved by the CO.

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3.1.2 Protection of Eelgrass

Eelgrass areas from 2018 and 2022 surveys are shown on the Drawings.

Implement best management practices to minimize impacts to these areas from dredging activities. Use methods and equipment during all dredging activities that minimize turbidity.

3.1.3 In-fill Areas

In-fill at the material off-loading site should be expected, and maintenance dredging may be necessary. Maintenance dredging will be the responsibility of the contractor.

3.1.4 Equipment

a. Only mechanical dredges (clamshell or excavator) may perform dredging in this contract. Operate mechanical dredges to limit dredge spillover.

b. All barges or scows used to transport material must be bottom dump or split hull and in good working condition to prevent any loss of material during loading and transporting of dredged material.

Contractor personnel will not be permitted on-board scows during transit to or from the material placement sites during the actual placement operation. The technique of "sandbagging" bottom dump seals is acceptable providing that all such sandbagging materials are of organic composition and are fully biodegradable. Failure to comply with the above conditions must be cause to require the replacement of such equipment with floating plant that can meet the requirements.

c. Equipment Certification And Inspection For Dredging Operations As Follows:

(1) Equipment Certification. In conjunction with Section 00 72 00, Contract Clause 52.236-13 Alt I, ACCIDENT PREVENTION (Nov 1991) - Alternate I, the equipment certification done in accordance with Section 16, paragraph 16.A.02, and Section 19,paragraph 19.A.01 of the referenced USACE Safety and Health Requirements Manual, EM 385-1-1 , state that the equipment has been tested by a competent person and found to be in safe operating condition and is in compliance with the Contract specifications and EM 385-1-1.

Designate a competent person to be responsible for the daily inspection of the plant, machinery, and equipment as called for in Section 19, of EM 385-1-1 to assure it is kept in safe operating condition. In addition, fill out NPP Form 159 (Rev) "Floating Plant Inspection Checklist" (Attachment A10) for any floating plant intended to be utilized. Submit both the completed NPP Form 159 (Rev) and Equipment Certification to the GQAR one working day prior to the required initial joint walk-through.

(2) Joint Equipment Inspection. Notify the Government 96 hours prior to the joint equipment walk-through. The joint equipment walk-through will be held prior to beginning all work. A new walk through will not be held at each new location unless major repairs are performed while transiting to a new location. A Government representative will accompany the designated person during normal daylight working hours to view the plant and equipment intended to be utilized on this project. Any units found to be unsafe or otherwise not in compliance with the Contract clauses, SECTION 35 20 23.13 25 Page 5

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Replace with: All barges used to transport material must be in good working condition to prevent any loss of material during loading and transporting of dredge material. Failure to comply with the above condition must be cause to require the replacement of such equipment with floating plant that can meet the requirements

ATTACHMENT A5

INCIDENTAL

HARASSMENT

AUTHORIZATIONS

(FINAL)

INCIDENTAL HARASSMENT AUTHORIZATION

The U.S. Army Corps of Engineers (USACE) – Portland District (Corps) and their designees are hereby authorized under section 101(a)(5)(D) of the Marine Mammal Protection Act (MMPA; 16

U.S.C. 1371(a)(5)(D)) to incidentally harass marine mammals, under the following conditions:

1. This incidental harassment authorization (IHA) is valid from November 1, 2022 through

October 31, 2023.

2. This IHA authorizes take incidental to impact and vibratory pile driving, as specified in the Corp’s May 23, 2022 IHA application, associated with repairs of the Tillamook South

Jetty in Tillamook Bay, Oregon.

3. General Conditions

(a) A copy of this IHA must be in the possession of the Holder of the Authorization

(Holder), supervisory construction personnel, lead protected species observers

(PSOs), and any other relevant designees of the Holder operating under the authority of this IHA at all times that activities subject to this IHA are being conducted.

(b) The species and/or stocks authorized for taking are listed in Table 1. Authorized take, by Level A and Level B harassment only, is limited to the species and numbers listed in Table 1.

(c) The taking by serious injury or death of any of the species listed in Table 1 or any taking of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this IHA. Any taking exceeding the authorized amounts listed in Table 1 is prohibited and may result in the modification, suspension, or revocation of this IHA.

(d) The Holder must ensure that construction supervisors and crews, the monitoring team, and relevant Corps’ staff are trained prior to the start of activities subject to this IHA, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work.

4. Mitigation Requirements

(a) The Holder must employ PSOs and establish monitoring locations as described in section 5 of this IHA. The Holder must monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions.

(b) Monitoring must take place from 30 minutes prior to initiation of pile driving activity (i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving activity.

(c) If a marine mammal is observed entering or within the shutdown zones indicated in Table 2, pile driving activity must be delayed or halted. Pile driving must be commenced or resumed as described in condition 4(e) of this IHA.

(d) Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones indicated in

Table 2 are clear of marine mammals. Pile driving may commence following 30 minutes of observation when the determination is made that the shutdown zones are clear of marine mammals.

(e) If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone indicated in Table

2 or 15 minutes have passed without re-detection of the animal.

(f) The Holder must use soft start techniques when impact pile driving. Soft start requires contractors to provide an initial set of three strikes at reduced energy, followed by a 30-second waiting period, then two subsequent reduced-energy strike sets. A soft start must be implemented at the start of each day’s impact pile driving and at any time following cessation of impact pile driving for a period of

30 minutes or longer.

(g) The Holder must use a bubble curtain during impact pile driving steel piles. The bubble curtain must be operated as necessary to achieve optimal performance. At a minimum, the Holder must adhere to the following performance standards:

(i) The bubble curtain must distribute air bubbles around 100 percent of the piling circumference for the full depth of the water column.

(ii) The lowest bubble ring must be in contact with the substrate for the full circumference of the ring, and the weights attached to the bottom ring shall ensure 100 percent substrate contact. No parts of the ring or other objects shall prevent full substrate contact.

(iii) Air flow to the bubblers must be balanced around the circumference of the pile.

(h) Pile driving activity must be halted (as described in condition 4(c) of this IHA) upon observation of either a species for which incidental take is not authorized or a species for which incidental take has been authorized but the authorized number of takes has been met, entering or within the harassment zone (as shown in Table

2).

(i) The Holder, construction supervisors and crews, PSOs, and relevant Crops staff must avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 meters of such activity, operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary to avoid direct physical interaction.

(j) In-water activities must take place only when PSOs can effectively visually monitor for the presence of marine mammals, and when the entire shutdown zone and adjacent waters are visible (e.g., including during daylight hours and when monitoring effectiveness is not reduced due to rain, fog, snow, etc.).

5. Monitoring Requirements

(a) Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following conditions:

(i) PSOs must be independent (i.e., not construction personnel) and have no other assigned tasks during monitoring periods.

(ii) At least one PSO must have prior experience performing the duties of a

PSO during construction activity pursuant to a NMFS-issued incidental take authorization.

(iii) Other PSOs may substitute other relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a

NMFS-issued incidental take authorization.

(iv) PSOs must be approved by NMFS prior to beginning any activity subject to this IHA.

(b) The Holder must establish the following monitoring locations:

(i) During vibratory driving, at least one PSO must be stationed on the shoreline near the Port of Garibaldi to monitor as much of the Level B harassment zone as possible, and another PSO must be stationed on the shoreline adjacent to the proposed temporary material offload facility

(MOF) site to monitor the shutdown zone.

(ii) During impact pile driving, two PSOs must be stationed on the shoreline adjacent to the proposed MOF site to monitor the shutdown zone.

(c) PSOs must record all observations of marine mammals, regardless of distance from the pile being driven, as well as the additional data indicated in section 6 of this IHA.

6. Reporting

(a) The Holder must submit its draft report(s) on all monitoring conducted under this

IHA within 90 calendar days of the completion of monitoring or 60 calendar days prior to the requested issuance of any subsequent IHA for construction activity at the same location, whichever comes first. A final report must be prepared and submitted within 30 calendar days following receipt of any NMFS comments on the draft report. If no comments are received from NMFS within 30 calendar days of receipt of the draft report, the report shall be considered final.

(b) All draft and final monitoring reports must be submitted to

PR.ITP.MonitoringReports@noaa.gov and itp.tyson.moore@noaa.gov.

(c) The marine mammal report, at minimum, must include:

(i) Dates and times (begin and end) of all marine mammal monitoring;

(ii) Construction activities occurring during each daily observation period, including:

A. The number and type of piles that were driven and the method

(e.g., impact, vibratory);

B. Total duration of driving time for each pile (vibratory driving) and number of strikes for each pile (impact driving); and

(iii) PSO locations during marine mammal monitoring;

(iv) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including

Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;

(v) Upon observation of a marine mammal, the following information:

A. Name of PSO who sighted the animal(s) and PSO location and activity at time of sighting;

B. Time of sighting;

C. Identification of the animal(s) (e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;

D. Distance and location of each observed marine mammal relative to the pile being driven for each sighting;

E. Estimated number of animals (min/max/best estimate);

F. Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc.);

G. Animal’s closest point of approach and estimated time spent within the harassment zone; and

H. Description of any marine mammal behavioral observations (e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity (e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);

(vi) Number of marine mammals detected within the harassment zones, by species; and

(vii) Detailed information about implementation of any mitigation (e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.

(d) The Holder must submit all PSO datasheets and/or raw sighting data with the draft report, as specified in condition 6(b) of this IHA.

(e) Reporting injured or dead marine mammals:

In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Holder must report the incident to the Office of Protected Resources (OPR), NMFS (PR.ITP.MonitoringReports@noaa.gov and itp.tyson.moore@noaa.gov) and to the west coast regional stranding network

(1-866-767-6114) as soon as feasible. If the death or injury was clearly caused by the specified activity, the Holder must immediately cease the activities until

NMFS OPR is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of this IHA. The Holder must not resume their activities until notified by

NMFS.

The report must include the following information:

(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);

(ii) Species identification (if known) or description of the animal(s) involved;

(iii) Condition of the animal(s) (including carcass condition if the animal is dead);

(iv) Observed behaviors of the animal(s), if alive;

(v) If available, photographs or video footage of the animal(s); and

(vi) General circumstances under which the animal was discovered.

7. This Authorization may be modified, suspended or revoked if the Holder fails to abide by the conditions prescribed herein (including, but not limited to, failure to comply with monitoring or reporting requirements), or if NMFS determines: (1) the authorized taking is likely to have or is having more than a negligible impact on the species or stocks of affected marine mammals, or (2) the prescribed measures are likely not or are not effecting the least practicable adverse impact on the affected species or stocks and their habitat.

8. Renewals

On a case-by-case basis, NMFS may issue a one-time, one-year Renewal IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical, or nearly identical, activities (or a subset of those activities) are planned or (2) the specified activities will not be completed by the time the IHA expires and a Renewal would allow for completion of the activities, provided all of the following conditions are met:

(a) A request for renewal is received no later than 60 days prior to the needed

Renewal IHA effective date (note a Renewal IHA expiration date cannot extend beyond one year from expiration of this IHA).

(b) The request for renewal must include the following:

(i) An explanation that the activities to be conducted under the requested

Renewal IHA are identical to the activities analyzed for this IHA, are a subset of the activities, or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take).

(ii) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized.

(c) Upon review of the request for Renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings made in support of this

IHA remain valid.

Kimberly Damon-Randall, Director, Office of Protected Resources

National Marine Fisheries Service

Table 1. Authorized Incidental Take

Common name Scientific name Stock Level A harassment

Level B harassment

Harbor porpoise Phocoena phocoena Northern OR/WA Coast 9 20

California sea lion Zalophus californianus U.S. 0 138

Steller sea lion Eumetopias jubatus Eastern 0 667

Harbor seal Phoca vitulina richardii OR/CA Coastal 653 8,639

Northern elephant seal Mirounga angustirostris California Breeding 1 11

Table 2. Shutdown and Harassment Zones.

Pile size, type, and method Minimum shutdown zone (m) Harassment zone (m) High-frequency cetaceans Phocid Otariid

Impact installation of 24-inch steel pipe piles 100 100 15 399

Vibratory installation of 24-inch steel pipe piles 50 15 15 5,412

Vibratory installation of 24-inch AZ steel sheets 50 15 15 7,357

Vibratory installation of 12-inch H-piles 15 15 15 1,000

INCIDENTAL HARASSMENT AUTHORIZATION

The U.S. Army Corps of Engineers (USACE) – Portland District (Corps) and their designees are hereby authorized under section 101(a)(5)(D) of the Marine Mammal Protection Act (MMPA; 16

U.S.C. 1371(a)(5)(D)) to incidentally harass marine mammals, under the following conditions:

1. This incidental harassment authorization (IHA) is valid from November 1, 2024 through

October 31, 2025.

2. This IHA authorizes take incidental to vibratory pile driving, as specified in the Corp’s

May 23, 2022 IHA application, associated with repairs of the Tillamook South Jetty in

Tillamook Bay, Oregon. Hereafter (unless otherwise specified) the term “pile driving” is used to refer to pile removal.

3. General Conditions

(a) A copy of this IHA must be in the possession of the Holder of the Authorization

(Holder), supervisory construction personnel, lead protected species observers

(PSOs), and any other relevant designees of the Holder operating under the authority of this IHA at all times that activities subject to this IHA are being conducted.

(b) The species and/or stocks authorized for taking are listed in Table 1. Authorized take, by Level A and Level B harassment only, is limited to the species and numbers listed in Table 1.

(c) The taking by serious injury or death of any of the species listed in Table 1 or any taking of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this IHA. Any taking exceeding the authorized amounts listed in Table 1 is prohibited and may result in the modification, suspension, or revocation of this IHA.

(d) The Holder must ensure that construction supervisors and crews, the monitoring team, and relevant Corps’ staff are trained prior to the start of activities subject to this IHA, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work.

4. Mitigation Requirements

(a) The Holder must employ PSOs and establish monitoring locations as described in section 5 of this IHA. The Holder must monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions.

(b) Monitoring must take place from 30 minutes prior to initiation of pile driving activity (i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving activity.

(c) If a marine mammal is observed entering or within the shutdown zones indicated in Table 2, pile driving activity must be delayed or halted. Pile driving must be commenced or resumed as described in condition 4(e) of this IHA.

(d) Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones indicated in

Table 2 are clear of marine mammals. Pile driving may commence following 30 minutes of observation when the determination is made that the shutdown zones are clear of marine mammals.

(e) If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone indicated in Table

2 or 15 minutes have passed without re-detection of the animal.

(f) Pile driving activity must be halted (as described in condition 4(c) of this IHA) upon observation of either a species for which incidental take is not authorized or a species for which incidental take has been authorized but the authorized number of takes has been met, entering or within the harassment zone (as shown in Table

2).

(g) The Holder, construction supervisors and crews, PSOs, and relevant Crops staff must avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 meters of such activity, operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary to avoid direct physical interaction.

(h) In-water activities must take place only when PSOs can effectively visually monitor for the presence of marine mammals, and when the entire shutdown zone and adjacent waters are visible (e.g., including during daylight hours and when monitoring effectiveness is not reduced due to rain, fog, snow, etc.).

5. Monitoring Requirements

(a) Monitoring must be conducted during pile driving by qualified, NMFS-approved

PSOs, in accordance with the following conditions:

(i) PSOs must be independent (i.e., not construction personnel) and have no other assigned tasks during monitoring periods.

(ii) At least one PSO must have prior experience performing the duties of a

PSO during construction activity pursuant to a NMFS-issued incidental take authorization.

(iii) Other PSOs may substitute other relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a

NMFS-issued incidental take authorization.

(iv) PSOs must be approved by NMFS prior to beginning any activity subject to this IHA.

(v) The Holder must establish the following monitoring locations: at least one

PSO must be stationed on the shoreline near the Port of Garibaldi to monitor as much of the Level B harassment zone as possible, and another

PSO must be stationed on the shoreline adjacent to the proposed temporary material offload facility (MOF) site to monitor the shutdown zone.

(b) PSOs must record all observations of marine mammals, regardless of distance from the pile being driven, as well as the additional data indicated in section 6 of this IHA.

6. Reporting

(a) The Holder must submit its draft report(s) on all monitoring conducted under this

IHA within 90 calendar days of the completion of monitoring or 60 calendar days prior to the requested issuance of any subsequent IHA for construction activity at the same location, whichever comes first. A final report must be prepared and submitted within 30 calendar days following receipt of any NMFS comments on the draft report. If no comments are received from NMFS within 30 calendar days of receipt of the draft report, the report shall be considered final.

(b) All draft and final monitoring reports must be submitted to

PR.ITP.MonitoringReports@noaa.gov and itp.tyson.moore@noaa.gov.

(c) The marine mammal report, at minimum, must include:

(i) Dates and times (begin and end) of all marine mammal monitoring;

(ii) Construction activities occurring during each daily observation period, including:

A. The number and type of piles that were driven and the method

(e.g., vibratory);

B. Total duration of driving time for each pile (vibratory driving); and

(iii) PSO locations during marine mammal monitoring;

(iv) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including

Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;

(v) Upon observation of a marine mammal, the following information:

A. Name of PSO who sighted the animal(s) and PSO location and activity at time of sighting;

B. Time of sighting;

C. Identification of the animal(s) (e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;

D. Distance and location of each observed marine mammal relative to the pile being driven for each sighting;

E. Estimated number of animals (min/max/best estimate);

F. Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc.);

G. Animal’s closest point of approach and estimated time spent within the harassment zone; and

H. Description of any marine mammal behavioral observations (e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity (e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);

(vi) Number of marine mammals detected within the harassment zones, by species; and

(vii) Detailed information about implementation of any mitigation (e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.

(d) The Holder must submit all PSO datasheets and/or raw sighting data with the draft report, as specified in condition 6(b) of this IHA.

(e) Reporting injured or dead marine mammals:

In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Holder must report the incident to the Office of Protected Resources (OPR), NMFS (PR.ITP.MonitoringReports@noaa.gov and itp.tyson.moore@noaa.gov) and to the west coast regional stranding network

(1-866-767-6114) as soon as feasible. If the death or injury was clearly caused by the specified activity, the Holder must immediately cease the activities until

NMFS OPR is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of this IHA. The Holder must not resume their activities until notified by

NMFS.

The report must include the following information:

(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);

(ii) Species identification (if known) or description of the animal(s) involved;

(iii) Condition of the animal(s) (including carcass condition if the animal is dead);

(iv) Observed behaviors of the animal(s), if alive;

(v) If available, photographs or video footage of the animal(s); and

(vi) General circumstances under which the animal was discovered.

7. This Authorization may be modified, suspended or revoked if the Holder fails to abide by the conditions prescribed herein (including, but not limited to, failure to comply with monitoring or reporting requirements), or if NMFS determines: (1) the authorized taking is likely to have or is having more than a negligible impact on the species or stocks of affected marine mammals, or (2) the prescribed measures are likely not or are not effecting the least practicable adverse impact on the affected species or stocks and their habitat.

8. Renewals

On a case-by-case basis, NMFS may issue a one-time, one-year Renewal IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical, or nearly identical, activities (or a subset of those activities) are planned or (2) the specified activities will not be completed by the time the IHA expires and a Renewal would allow for completion of the activities, provided all of the following conditions are met:

(a) A request for renewal is received no later than 60 days prior to the needed

Renewal IHA effective date (note a Renewal IHA expiration date cannot extend beyond one year from expiration of this IHA).

(b) The request for renewal must include the following:

(i) An explanation that the activities to be conducted under the requested

Renewal IHA are identical to the activities analyzed for this IHA, are a subset of the activities, or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take).

(ii) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized.

(c) Upon review of the request for Renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings made in support of this

IHA remain valid.

Kimberly Damon-Randall, Director, Office of Protected Resources

National Marine Fisheries Service

Table 1. Authorized Incidental Take.

Common name Scientific name Stock Level A harassment

Level B harassment

Harbor porpoise Phocoena phocoena Northern OR/WA Coast 0 13

California sea lion Zalophus californianus U.S. 0 78

Steller sea lion Eumetopias jubatus Eastern 0 337

Harbor seal Phoca vitulina richardii OR/CA Coastal 0 5,252

Northern elephant seal Mirounga angustirostris California Breeding 0 7

Table 2. Shutdown and Harassment Zones.

Pile size, type, and method Minimum shutdown zone (m) Harassment zone (m) High-frequency cetaceans Phocid Otariid

Vibratory removal of 24-inch steel pipe piles 15 15 15 5,412

Vibratory removal of 24-inch AZ steel sheets 50 15 15 7,357

Vibratory removal of 12-inch H-piles 15 15 15 1,000

ATTACHMENT A7

SLOPES IV

PROCEDURES FOR

PILING REMOVAL

(CONFIRMATIONS)

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

Northwest Region 7600 Sand Point Way N.E., Bldg. 1 Seattle, WA 98115

Refer to NMFS No:

2011/05585 April 5, 2012

Kevin Moynahan U.S. Army Corps of Engineers, Portland District P.O. Box 2946 Portland, Oregon 97208-2946

Joyce Casey U.S. Army Corps of Engineers, Portland District P.O. Box 2946 Portland, Oregon 97208-2946

Re: Endangered Species Act Section 7 Formal Programmatic Opinion, Letter of Concurrence, and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for Revisions to Standard Local Operating Procedures for Endangered Species to Administer Actions Authorized or Carried Out by the U.S. Army Corps of Engineers in Oregon (SLOPES IV In-water Over-water Structures)

Dear Mr. Moynahan and Ms. Casey:

The enclosed document contains a programmatic biological opinion (opinion) and letter of concurrence prepared by the National Marine Fisheries Service (NMFS) pursuant to section 7(a)(2) of the Endangered Species Act (ESA) on the effects of a program implementing standard local operating procedures (SLOPES) for Department of Army (Corps) activities involving in-water or over-water structures (including pile driving, access management, and minor discharges) in Oregon and the south shore of the Columbia River and its tributaries as authorized by the Corps authority under section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act, or as carried out by the Corps as part of civil works programs authorized by sections 206, 536, and 1135 of the Water Resources Development Act.

In this opinion, NMFS concluded that the proposed program and actions authorized under that program are not likely to adversely affect the Eastern distinct population segment of Steller sea lion (Eumetopias jubatus). The Steller sea lion do not have critical habitat designated in the action area.

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NMFS also concluded that the proposed program and actions authorized under that program are not likely to jeopardize the continued existence of the following 17 species, or result in the destruction or adverse modification of their designated critical habitats.

Lower Columbia River Chinook salmon (Oncorhynchus tshawytscha) Upper Willamette River spring-run Chinook salmon Upper Columbia River spring-run Chinook salmon Snake River spring/summer-run Chinook salmon Snake River fall-run Chinook salmon Columbia River chum salmon (O. keta) Lower Columbia River coho salmon (O. kisutch), critical habitat not designated or proposed Oregon Coast coho salmon Southern Oregon/Northern California Coasts coho salmon Snake River sockeye salmon (O. nerka) Lower Columbia River steelhead (O. mykiss) Upper Willamette River steelhead Middle Columbia River steelhead Upper Columbia River steelhead Snake River Basin steelhead Southern green sturgeon (Acipenser medirostris) Eulachon (Thaleichthys pacificus).

As required by section 7 of the ESA, NMFS is providing an incidental take statement with the opinion. The incidental take statement describes reasonable and prudent measures NMFS considers necessary or appropriate to minimize the impact of incidental take associated with this action. The take statement sets forth nondiscretionary terms and conditions, including reporting requirements, that the Federal action agency must comply with to carry out the reasonable and prudent measures. Incidental take from actions that meet these terms and conditions will be exempt from the ESA’s prohibition against the take of listed species, except for eastern Steller sea lion.

This document also includes the results of our analysis of the action’s likely effects on essential fish habitat (EFH) pursuant to section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act…