B.08.03 Amendment 0002 W912DR21B0013_5-26-2021.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

Project: Atlantic Coast of MD 2021 Berm Reconstruction at Ocean City, Maryland

The purpose of this amendment is to:

1. Provide the attached "Memorandum of Agreement Regarding the Use of the Outer Continental Shelf Sand Resources for the Periodic Nourishment of the Atlantic Coast of Maryland Shoreline Protection Project in Ocean City, Maryland" as a reference document.

2. Extend the bid opening date to 9 June 2021, 11:00 am..

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 26-May-2021

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 W912DR21B0013

X 9B. DATED (SEE ITEM 11)

30-Apr-2021

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 X is extended, 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 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

26-May-2021

CODE

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DR21B0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 03-Jun-2021 11:00 AM to 09-Jun-2021 11:00 AM.

(End of Summary of Changes)

MEMORANDUM OF AGREEMENT

AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT

OF THE DEPARTMENT OF THE INTERIOR

AND THE CORPS OF ENGINEERS

OF THE DEPARTMENT OF THE ARMY

AND THE STATE OF MARYLAND,

MARYLAND DEPARTMENT OF NATURAL RESOURCES

REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES

FOR THE PERIODIC NOURISHMENT OF THE ATLANTIC COAST OF MARYLAND

SHORELINE PROTECTION PROJECT IN OCEAN CITY, MARYLAND

BOEM Negotiated Agreement No. OCS-A 0536

Title I. Explanatory Recitals

A. Pursuant to the authority and in accordance with Section 501(a) of the Water Resources Development Act of 1986 (PL 99-662), as amended by Section 104 of the Energy and Water Development Appropriations Act of 1990 (PL 101-101), the Department of the Army, acting through the United States Army Corps of Engineers, Baltimore District (USACE), with the cooperation of the State of Maryland (the “State”), represented by the Secretary of the Maryland Department of Natural Resources (the “Maryland DNR”), is endeavoring to conduct periodic nourishment of the town of Ocean City, Worchester County, Maryland shoreline in accordance with the Atlantic Coast of Maryland Shoreline Protection Project, a federal coastal storm risk management project.

B. USACE and the State have undertaken the Atlantic Coast of Maryland Shoreline Protection Project in Ocean City Maryland, in furtherance of the aforementioned goal to nourish the Ocean City coastline (herein referred to as the “Project”).

C. Prior to a notice-to-proceed for Project construction, the USACE and State of Maryland will have procured lands, easements, and rights-of-way (collectively, “Land Rights”) as necessary from upland landowners, other property rights holders, public entities, and other persons and entities of appropriate scope and duration to facilitate the Project. The USACE and State of Maryland have obtained a Subaqueous Lands Permit through 2029 from the State of Delaware authorizing placement of up to 95,000 cubic yards of sand immediately north of the Maryland/Delaware State Line.

D. USACE, which is acting as the project manager for the Project, now seeks to obtain sand in a manner that minimizes costs and leverages Federal resources.

Title II. Purpose and Authority

A. The Department of the Interior (DOI), acting through the Bureau of Ocean Energy Management (BOEM), enters into this Memorandum of Agreement (MOA) with the State and USACE (collectively with DOI or BOEM, the “Parties”) providing for the use of up to 1,300,000 cubic yards of Outer Continental Shelf sand resources (“OCS sand resources”) for the Project under the authority of Section 8(k)(2) of the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. §

1337(k)(2)). The term “OCS sand resources” means the sediment deposits found on or below the surface of the seabed on the Outer Continental Shelf (OCS), as defined in Section 2(a) of the OCSLA (43 U.S.C. § 1331(a)). This MOA authorizes use of the Weaver Shoal W-C Borrow Area, as designated and delineated in Table 1 and on the attached maps (Attachment 1), in accordance with the terms of this MOA. After removal of the sand resources from the OCS and placement of those resources as specified in this MOA, BOEM has no jurisdiction over those sand resources unless they return to the OCS.

Table 1. Coordinates for Weaver Shoal W-C Borrow Area

Point Latitude Longitude Easting Northing A 38.42379 -74.9352 1903844 282423 C 38.44143 -74.9185 1908464 288954 H 38.43816 -74.9129 1910097 287799 F 38.42052 -74.9296 1905476 281268

Note: Longitude and Latitude in Geographic Coordinate System (decimal degrees) North American Datum (NAD) 1983.

Easting and Northing in Maryland State Plane East Coordinate System (feet) NAD 1983

B. BOEM, under the authority delegated by the Secretary of the Interior, is authorized, pursuant to Section 8(k)(2) of the OCSLA (43 U.S.C. § 1337(k)(2)) to enter into this MOA concerning the potential use of OCS sand resources.

BOEM has determined that the Project meets the requirements of Section 8(k)(2)(A)(i) of the OCSLA.

Therefore, in accordance with Section 8(k)(2), and subject to the terms and conditions contained herein, BOEM hereby authorizes the use of OCS sand resources from Weaver Shoal W-C Borrow Area identified in Table 1 for the construction undertaken in furtherance of the Project. The Parties acknowledge that under the terms of Section 8(k)(2)(B), BOEM will not assess any fee against the State or USACE for the use of the OCS sand resources described herein.

Nothing in this MOA is intended to abrogate or diminish the Secretary of the Interior’s authority under the OCSLA to oversee and regulate the removal of OCS sand resources. Pursuant to 30 CFR 583.330, failure to comply with any applicable law or any provision, term, or condition of this agreement may result in termination of the agreement at the sole discretion of BOEM, referral to an appropriate Federal or State agency with jurisdiction for possible enforcement, or both. The failure to comply in a timely and satisfactory manner with any provision, term or condition of this agreement may also delay or prevent BOEM’s approval of future requests for use of OCS sand by the parties to this agreement.

The MOA may be terminated by BOEM consistent with provisions in 30 CFR 583.350. If USACE or the State violates any provisions of this MOA, BOEM may, by written notice, suspend the MOA and order any further operations of USACE, the State, or its contractors under this agreement to cease, except such operations as may be necessary to remedy any violations. If USACE or the State fails to remedy violations within thirty (30) days after receipt of suspension notice, BOEM may, by written notice, terminate this MOA. In the event that BOEM suspends or terminates the MOA, neither the USACE nor the State will be entitled to compensation as a result of expenses or lost revenues resulting from the suspension or termination.

C. USACE enters into this MOA in compliance with the requirements of Sections 8(k)(2)(A)(i) and 8(k)(2)(D) of the OCSLA. The State, along with USACE, enters into this MOA in compliance with the requirements of Section 8(k)(2)(A)(i) of the OCSLA.

Nothing in this MOA is intended to impede or hinder the State’s or USACE’s ability to complete the Project or abrogate or diminish either Parties’ authority or responsibilities under applicable law, including but not limited to the Clean Water Act (CWA) (33 U.S.C § 1251 et seq.), Water Resources Development Act of 2016 (P.L. 114-322), National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.), Endangered Species Act (ESA) (16 U.S.C. § 1531 et. seq.), Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16 U.S.C. § 801 et. seq.), Marine Mammal Protection Act (MMPA) (16 U.S.C. § 1361 et. seq.), National Historic Preservation Act (NHPA) (54 U.S.C. § 300101

et. seq.), Migratory Bird Treaty Act (MBTA) (16 U.S.C. §§ 703–712), or the Coastal Zone Management Act (CZMA) (16 U.S.C. § 1451 et. seq.).

Title III. Description of the Authorized Activity

This MOA is intended to facilitate the periodic nourishment of the Atlantic Coast of Maryland Shoreline Protection Project located in Ocean City, Maryland, a federal coastal storm risk management project.

This MOA authorizes the USACE to extract up to 1,300,000 cubic yards of OCS sand resources for placement along 8.3 miles of shoreline in the Town of Ocean City, Worcester County, Maryland and along 1,500 feet of shoreline in Fenwick Island, Sussex County, Delaware. The OCS sand resources must be extracted from Weaver Shoal W-C Borrow Area (see Attachment 1).

Title IV. Provisions

A. BOEM authorizes the use of OCS sand resources from Weaver Shoal W-C Borrow Area for the Project. The USACE or its contractor(s) may only extract, transport, and place such OCS sand resources from the borrow area in accordance with the terms and conditions set forth below. Except as provided above, the Parties agree that all other aspects of the Project’s execution and completion remain as described in the Project Partnership Agreement between the Department of the Army and the State of Maryland, represented by the Secretary of the Maryland DNR, for the Atlantic Coast of Maryland Shoreline Protection Project, entered into on 30th of March, 1990, and any subsequent amendments thereto.

B. All written notifications, requests, submissions, and deliverables, unless otherwise stated, should be sent to BOEM at:

Chief, Marine Minerals Division Attention: Jeffrey Reidenauer, Ph.D.

Bureau of Ocean Energy Management 45600 Woodland Road, VAM-LD Sterling, Virginia 20166

All electronic notifications, submissions, and deliverables to BOEM should be sent to dredgeinfo@boem.gov.

mailto:dredgeinfo@boem.gov

All written notifications, requests, submissions, and deliverables to the USACE should be sent to:

Baltimore District U.S. Army Corps of Engineers Attn: Justin Callahan, PMP Chief, Civil Project Management Branch Programs & Project Management Division CENAB-PPC, Room 10-F-05 2 Hopkins Plaza Baltimore, MD 21201 justin.callahan@usace.army.mil 410-962-6693 (office)

All written notifications, requests, submissions, and deliverables to State of Maryland, Maryland Department of Natural Resources should be sent to:

Mr. Perry Otwell, PE (primary POC) Director of Engineering & Construction Department of Natural Resources D-3, Tawes State Office Building Annapolis, Maryland perry.otwell@maryland.gov 410-260-8911

C. This MOA applies only to the extraction, transportation, and placement of OCS sand resources as described above. This MOA will terminate or expire (a) upon USACE sending written notice that it has obtained sufficient OCS sand resources to complete the Project, up to 1,300,000 cubic yards, or,

(b) three (3) years from the date of execution of this MOA, whichever occurs first. Upon request by USACE, the Parties may agree in writing to extend the terms of this MOA as necessary to provide USACE and its contractor(s) with additional time to complete the Project.

The Parties acknowledge that there may be a need for future OCS sand resources for periodic maintenance, augmentation, or construction purposes. BOEM, USACE, and the State may enter into subsequent agreements, for the use of additional OCS sand resources for the Project, consistent with each Party’s responsibilities under applicable law.

D. BOEM, USACE, and the State recognize that planning and coordination among the Parties will ensure that responsibilities related to OCSLA, other applicable Federal laws, and this Congressionally-authorized Project are carried out and accommodated in an efficient and timely manner so that the Project schedule will not be unnecessarily delayed or compromised. All Parties recognize that BOEM, as a Bureau in the DOI, has certain responsibilities for the orderly, timely, and efficient recovery of OCS minerals using the best available technology while ensuring environmental stewardship and compliance. Moreover, the Parties further recognize that USACE has certain stewardship and environmental compliance responsibilities that are separate and distinct from the responsibilities of BOEM. To these ends, and with respect to the Project, BOEM, USACE, and the State agree to the following terms:

mailto:justin.callahan@usace.army.mil mailto:perry.otwell@maryland.gov

1. Plans and Performance Requirements The USACE will include this MOA as a reference document in the advertised “Construction Solicitation and Specifications Plan” (hereinafter referred to as the “Plan”). The USACE will ensure that all operations at Weaver Shoal W-C Borrow Area are conducted in accordance with the final approved Plan and all terms and conditions in this MOA, as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein and any relevant terms and conditions or reasonable and prudent measures of the latest biological opinion applicable to the activities authorized in this MOA. The USACE will send BOEM a copy of the Plan and any modification to the Plan, when publicly available.

The dredging method for removing sand from Weaver Shoal W-C Borrow Area will be consistent with those evaluated in all applicable NEPA documents and approved in the authorizing documents, as well as the project permits.

The USACE will allow BOEM to review and comment on modifications to the Plan that may affect the borrow area or pipeline corridors on the OCS, including the use of submerged or floated pipelines to directly convey sediment from the borrow area to the placement site. BOEM will deliver these comments in a timely fashion so as to not unnecessarily delay the USACE’s construction contract or schedule.

If dredging and/or conveyance methods are not wholly consistent with those evaluated in relevant NEPA documents prepared by USACE and BOEM for this Project, those included in the environmental and cultural resource consultations, and those authorized by relevant project permits, additional environmental review may be necessary. If the additional NEPA, consultations, or permit modifications would impact or otherwise supplement the provisions of the MOA, an amendment may be required.

The USACE will notify BOEM electronically at least 72 hours prior to the commencement, and within 24 hours after termination, of operations at Weaver Shoal W-C Borrow Area. BOEM will electronically notify the USACE in a timely manner of any OCS activity within the jurisdiction of the DOI that may adversely affect the USACE’s ability to use OCS sand resources for the Project.

Prior to the commencement of construction, the USACE will electronically provide BOEM with a summary of the construction schedule consistent with Paragraph 15 of this MOA. The USACE, at the reasonable request of BOEM or the Bureau of Safety and Environmental Enforcement (BSEE), will allow any authorized Federal inspector to access the site of any operation, when permitted by safety regulations, and will provide BOEM or BSEE any documents and records that are pertinent to occupational or public health, safety, environmental protection, conservation of natural resources, or other use of the OCS as may be requested. The USACE agrees to facilitate access to the site of any operation, where practicable and deemed safe by the USACE and their contractor, including, but not limited to, dredges and support equipment, fill areas, or turtle relocation trawlers, for scientists conducting sampling or observations associated with research conducted or funded by BOEM.

2. Environmental Responsibilities and Environmental Compliance

The USACE and/or its Contractors will commit to avoiding, minimizing, or mitigating adverse effects during construction activities. All environmental commitments outlined in the Environmental Assessment and associated consultation documents will be reflected in the contract specifications. The

USACE will prepare and provide to BOEM before commencing construction an Environmental Compliance Matrix (ECM), in coordination with the State and BOEM, to document all environmental requirements and identify roles and responsibilities to ensure compliance prior to, during, and after construction.

The USACE is the lead agency on behalf of the Federal Government to ensure the Project complies with applicable environmental laws, including but not limited to the CWA, ESA, MSA, NHPA, and CZMA, and any consultations or limitations imposed thereunder. The USACE will serve as the lead Federal agency for ESA Section 7 consultation concerning protected species under the purview of the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). The USACE will instruct its contractor(s) to implement the mitigation terms, conditions, and measures required by the USFWS, NMFS, Maryland DNR, and BOEM pursuant to applicable Federal and State laws and regulations prior to commencement of activities authorized under this MOA, including extraction, transportation and placement of sand resources from Weaver Shoal W-C Borrow Area (Attachment 1). Electronic copies of all relevant correspondence, monitoring data, and reports related to the activities covered by this MOA will be provided electronically to BOEM within 14 days of issuance (including, but not limited to, observer and dredging reports, and reports required by relevant project permits) unless the reports are required sooner by this MOA or applicable law, the permits, or the consultations. Construction may not commence until the pre-construction requirements have been completed.

3. Pre-Construction Notification of Activity in or near the Borrow Area

The USACE will invite BOEM to attend a pre-construction meeting that describes the USACE’s and/or its contractor’s or agent’s plan and schedule to construct the Project.

4. Other Responsibilities

BOEM does not warrant that the OCS sand resources used in this Project are suitable for the purpose for which they are intended by the USACE and the State. BOEM’s responsibility under this Project is limited to the authorization of access to OCS sand resources from the Weaver Shoal W-C Borrow Area as described in this MOA, and therefore BOEM disclaims any and all responsibility for the physical and financial activities undertaken by the other Parties in pursuit of the Project.

The USACE and/or the State, its agent(s), and its contractor(s) agree to hold BOEM harmless from any claims for loss, costs, damages, injuries to persons, or expenses caused by, or resulting from any operation under this MOA; to the extent authorized by law and subject to available appropriations, the USACE, State, their agent(s), and contractor(s) agree to indemnify BOEM from any such claim.

However, the USACE, State, or their agent(s) and contractor(s) are not responsible to BOEM for any loss, cost, damage, injury, or expense that results from (1) negligence of BOEM, other than the commission or omission of a discretionary function or duty, whether or not the discretion involved is abused, or (2) the USACE or State’s compliance with a BOEM order or directive imposed under this

MOA.

The USACE and State or their contractor(s) must notify BOEM of any encounter of hazards on the OCS and any OCS sediment placed on the beach that has unsuitable characteristics relative to native sediment characteristics. The specific location where unsuitable sediment was dredged, or where hazards were encountered, within the Weaver Shoal W-C Borrow Area must be delineated and said location must be provided to BOEM for future planning purposes. Additionally, any encounter of ordnance must be reported to BOEM using the process outlined in Paragraph 9.

5. Dredge Positioning

During all phases of the Project, the USACE will ensure that the dredge and any bottom-disturbing equipment is outfitted with an onboard global positioning system (GPS) capable of maintaining and recording location within an accuracy range of no more than plus or minus three (3) meters. The GPS needs to be installed as close to the hydraulic dredge as is practicable or needs to use appropriate instrumentation to accurately represent the position of the hydraulic dredge. During dredging operations, the USACE will immediately notify BOEM electronically if dredging occurs outside of the approved borrow area. Such notification will be made as soon as possible after the time USACE becomes aware of dredging outside of the approved borrow area.

Anchoring, spudding, or other bottom-disturbing activities are not authorized outside of the approved borrow area on the OCS, unless there are immediate concerns of safety, navigation risks or emergency situations.

The USACE will coordinate with the National Dredging Quality Management (DQM) program in advance of construction commencement to provide appropriate project-specific information, inform them of BOEM’s role in the Project and relevant MOA stipulations, and develop a coordination plan to ensure that all DQM-related deliverables in accordance with this MOA are internally reviewed and delivered to BOEM on time and in accordance with BOEM formatting requirements. The USACE will provide BOEM, electronically, with all appropriate DQM data acquired during the Project using procedures jointly developed by the USACE’s National DQM Data Program Support Center and BOEM. The USACE will submit the DQM data every two weeks. If available, the USACE will also submit Automatic Identification System (AIS) data for vessels qualifying under the International Maritime Organization’s (IMO) International Convention for the Safety of Life at Sea.

6. Dredge Operation

The USACE and/or its contractor will conduct all dredging operations in accordance with requirements outlined in applicable environmental consultation documents. The final, approved Plan (required pursuant to Paragraph 1) will include provisions designed to maximize efficiency and conservation of the resource during the removal of sand from the Weaver Shoal W-C Borrow Area.

Any modification to this Plan will be coordinated with BOEM for approval prior to commencement of dredging. The purpose of these provisions is to avoid “wasting” sediment in the Weaver Shoal W- C Borrow Area that could be used to nourish the beach now and in the future.

7. Submittal of Production and Volume Information

The USACE, in cooperation with the dredge operator, will submit to BOEM a summary of the dredge track lines, outlining any deviations from the Plan, every two weeks. This will include a color-coded plot of the draghead, cutterhead, or other hydraulic or mechanical dredging device, showing any horizontal or vertical dredge violations. The dredge track lines must show dredge status: hoteling, dredging, transiting, or unloading. This map will be in PDF format.

At least every two weeks, the USACE will electronically provide a report of the construction progress including estimated volumetric production rates to BOEM. The USACE’s project completion report, as described below, will also include production and volume information.

8. Local Notice to Mariners

The USACE will require its contractor(s) for the Project to place a notice in the U.S. Coast Guard Local Notice to Mariners regarding the timeframe and location of dredging and construction operations in advance of commencement of dredging.

9. Marine Pollution Control and Contingency Plan

The USACE will require its contractor(s) and subcontractor(s) to prepare for and take all necessary precautions to prevent discharges of oil and releases of waste or hazardous materials that may impair water quality. In the event of such an occurrence, notification and response will be in accordance with applicable requirements of 40 C.F.R. Part 300. All dredging and support operations under this MOA will be compliant with U.S. Coast Guard regulations and the U.S. Environmental Protection Agency’s Vessel General Permit, as applicable. The USACE will notify BOEM of any noncompliant discharges and remedial actions taken, and USACE will provide copies of reports of the incident and resultant actions electronically.

10. Encounter of Ordnance

The encounter of ordnance is possible on the OCS, and it is the responsibility of the USACE and its contractor(s) to proactively manage this risk and any resulting situation should the need arise. If USACE or its contractors encounter any ordnance while conducting dredging activities at Weaver Shoal W-C Borrow Area, it will report the discovery within 24 hours to Dr. Jeff Reidenauer, Chief, BOEM Marine Minerals Division, at (703) 787-1851 and dredgeinfo@boem.gov.

11. Bathymetric Surveys

The USACE will provide BOEM with pre- and post-dredging bathymetric surveys of Weaver Shoal W-C Borrow Area. The USACE or its contractor will conduct a pre-dredging survey of the Borrow Area within 90 days prior to the commencement of dredging and will provide the data to BOEM for review via dredgeinfo@boem.gov, allowing for a minimum seven (7) working days for BOEM to provide concurrence before the USACE or its contractor commences dredging. A qualified hydrographic surveyor, independent from the dredging/construction contractor, needs to conduct and oversee the survey, and must approve the survey results before transmitting them to BOEM. The USACE or its contractor will conduct post-dredging survey of the Borrow Area within 90 days after the completion of dredging. Given available funding, BOEM recommends that the USACE conduct additional bathymetric surveys of the Borrow Area both one (1) and three (3) years after the completion of dredging to document borrow area evolution and provide information to inform future decisions and consultations regarding the use of OCS sand resources. The USACE or its contractor will perform surveys, error analysis, and reporting in accordance with the most recent edition of the National Oceanic and Atmospheric Administration’s (NOAA’s) Office of Coast Survey Hydrographic Survey Field Procedure Manual. Survey standards and requirements are specified and can be found on the Coast Survey Document Library (https://www.nauticalcharts.noaa.gov/publications/docs/standards-and-requirements/specs/hssd- 2017.pdf).

https://www.nauticalcharts.noaa.gov/publications/docs/standards-and-requirements/specs/hssd-2017.pdf https://www.nauticalcharts.noaa.gov/publications/docs/standards-and-requirements/specs/hssd-2017.pdf

For bathymetric surveys, 100 percent coverage using multi-beam bathymetric survey methods is required. All bathymetric data will be roll, pitch, heave, and tide corrected using best practices. Sound velocity corrections will be applied based on measurements made during and throughout the duration of the survey using a profiling sound velocity meter to obtain water column sound velocities with casts that log the entire water column to the seafloor. Survey lines of the specific dredge area will be established at intervals necessary to provide 100 percent coverage. All survey lines will extend at least 100 meters (328 feet) beyond the edge of the limits of Weaver Shoal W-C Borrow Area as defined in this MOA.

The USACE or its contractor will collect all data in such a manner that post-dredging bathymetric surveys are compatible with the pre-dredging bathymetric survey data to enable the latter to be subtracted from the former to calculate the volume of sand removed, the shape of the excavation, and the nature of post-dredging bathymetric change. Pre-dredge bathymetric survey transects must be reoccupied during the post-dredging surveys. The USACE or its contractor will conduct surveys using kinematic GPS referenced to a GPS base station occupying an established (NAVD 88 vertical control) monument within 24 kilometers (15 miles) of the survey area, a National Geodetic Survey real-time network, or a water-level gauge deployed within the vicinity of the Borrow Area and referenced to an established monument (NAVD 88 vertical control), unless alternative methods are approved by BOEM. Pre- and post-dredging surveys must be referenced to the same water-level gauge, tide gauge, real-time network, benchmark, or BOEM-approved method. An uncertainty or error analysis will be conducted on the bathymetric dataset based on calculated differences of measured elevations (depths) at all transect crossings. The USACE or its contractor will also conduct and implement other best practices typically employed to identify potential error or quantify uncertainty, such as daily bar-checks.

If data accuracy, coverage, quality, or other parameters for either pre- or post-dredging surveys are not sufficient to provide for accurate comparisons between the pre-dredge and post-dredge surveys (e.g., do not meet specifications and standards discussed or referenced above), BOEM may require USACE or its contractor to conduct a new survey at the pre-dredge and/or post-dredge phase.

The delivery format for bathymetry data submission is an ASCII file containing x, y, z data and a digital elevation model in a format agreed upon between BOEM and USACE in writing. The file name(s) of bathymetric data submissions should be unambiguous and as a recommendation should include the survey ID (e.g., USACE survey number) and/or borrow area name, bin spacing, acronym for vertical datum, units, and date of survey completion (example file name:

SURVEYID_BorrowArea_3x3AVG_NAVD88_ft_MMDDYYYY.xyz). The horizontal data will be provided in the NAD 83 Maryland State Plane East, U.S. survey feet. Vertical data will be provided in the NAVD 88, U.S. survey feet unless otherwise specified. The USACE or its contractor must submit a methods section and results of the uncertainty analysis, field notes, and metadata to BOEM with the processed bathymetric data products. An 8.5 x 11-inch plan view plot of the pre- and post-construction data will be provided showing the survey vessel navigation tracks, as well as contour lines at appropriate elevation intervals. A plot of the digital elevation model will also be provided.

These plots will be provided in Adobe PDF format. Images and descriptions of any previously identified side scan sonar targets or newly identified bathymetric anomaly targets will be included and identified on an index map.

12. Avoidance of Archaeological and Benthic Habitat Resources

Offshore Prehistoric or Historic Resources There are no known archaeological resources in the Weaver Shoal W-C Borrow Area. If the USACE discovers any previously unknown historic or archeological resources while accomplishing the Atlantic Coast of Maryland Shoreline Protection Project, the USACE will notify BOEM of any finding. The USACE will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

In the event that the Parties and/or dredge operators discover any archaeological resources while conducting dredging operations in Weaver Shoal W-C Borrow Area or in the vicinity of pump-out operations, the USACE will report the discovery to the Marine Minerals Division Chief at BOEM, electronically, in a timely manner. The USACE Baltimore District Civil Project Management Branch, Programs & Project Management Division will coordinate with BOEM on the measures needed to evaluate, avoid, protect, and, if needed, mitigate adverse impacts from an unanticipated discovery. If investigations determine that the resource is significant, the Parties will together determine if further action is required and how best to protect the resource.

Offshore Benthic Habitat Resources

The USACE plans to avoid dredging along the crest of Weaver Shoal. The W-C Borrow Area includes an avoidance area to satisfy this obligation (Attachment 2).

Table 2. Coordinates for Area to be Avoided during Dredging Operations within Weaver Shoal W-C Borrow Area

Point Latitude Longitude Easting Northing Notes:

J 38.43369 -74.9171 1908927 286145 Shoal Crest K 38.43422 -74.9186 1908494 286328 Area Considered L 38.42733 -74.9231 1907262 283791 Essential Fish Habitat

Note: Longitude and Latitude in Geographic Coordinate System (decimal degrees) North American Datum (NAD) 1983.

Easting and Northing in Maryland State Plane East Coordinate System (feet) NAD 1983

The USACE will perform a pre-construction bathymetric survey that may be used to clarify the boundaries of this avoidance area. If a modification is needed to the avoidance area, the USACE may submit a written request for a minor modification consistent with 30 CFR 583.345. Upon receipt of the request, BOEM may grant and memorialize the minor modification via letter.

13. Project Completion Report

Consistent with Paragraph 15, the USACE will submit a project completion report to BOEM within 120 days following completion of the activities authorized under this MOA. The USACE will send this report and supporting materials electronically. The report will contain, at a minimum, the following information:

• the names and titles of the project managers overseeing the effort (for the USACE, the engineering firm (if applicable), and the contractor), including contact information (phone numbers, mailing addresses, and email addresses);

• a narrative including the location and description of the Project, the final, as-built features, boundaries, and acreage, including the restored beach width and length;

• the final total volume of material extracted from the borrow area and the volume of material actually placed on the beach or shoreline (including a description of the volume calculation method used to determine these volumes);

• notation that USACE has confirmed that BOEM has received the full set of DQM data, in ASCII files, containing the x, y, z coordinates and time stamp of the cutterhead or drag arm locations;

• a narrative discussing major construction sequences and activities, and, if applicable, any significant problems encountered and solutions implemented;

• a table showing major types of construction equipment used and nature of their use by phase of the Project construction;

• a list and description of any safety-related issues or accidents reported during the life of the Project;

• a narrative and any appropriate tables describing any environmental monitoring associated with the Project;

• a table listing significant construction dates beginning with bid opening and ending with final acceptance of the Project by the USACE;

• digital appendices containing the as-built Project footprint (.shp /.gdb), and bathymetric survey data outlined in Section 10 above;

• metadata appropriate to geospatial deliverables; and

• any additional pertinent Project photo or video documentation in high-resolution format.

14. Reporting Compliance

The USACE will designate in advance of construction a single point of contact (and preferably a back-up contact) who is responsible for facilitation of compliance with all MOA requirements. The USACE will provide this contact information to BOEM, electronically, at least 30 days in advance of dredging and construction operations.

The Parties will attempt to reasonably comply with the provisions of this MOA. Should there be an allegation of a failure to comply, the alleged failure will be corrected as soon as possible and/or resolved jointly among BOEM, USACE and the State, including through the dispute resolution process identified in Paragraph 16.

15. Sharing of Information

Consistent with the purpose stipulated by the Parties in Title II, and to the extent allowed by law, policy and regulation, the USACE, the State, and BOEM agree to: (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules and (2) provide such information to the requesting agency as expeditiously as possible. The

USACE and BOEM agree to work to ensure that all required completion report information is received.

The Parties to this MOA acknowledge that information and reports required by and/or exchanged pursuant to the subject Project may include confidential business information, proprietary information, or other sensitive information that should be protected from disclosure.

Any Party, contractor or agent of one of the Parties requesting that information or reports provided pursuant to this MOA be treated as confidential, will prominently mark the information and report as “Confidential” along with the basis for the claim of confidentiality. Any cover correspondence submitted with the information or report will likewise note the claim of confidentiality. To the extent practicable, a Party to this MOA may only request information that has been marked as “Confidential” and is in the possession of another Party to this MOA if the information is needed by the requesting Party to carry out their obligations under this MOA or if the information is necessary for the requesting Party to fulfill their obligations under the law. The Party in possession of the information requested may work with the requesting party to determine if the information may be shared without waiving the confidential nature of the material.

The Parties further agree that they will notify the other Parties as soon as possible, in writing, of any request by any person seeking the release or disclosure of information marked “Confidential” in whole or in part, including, but not limited to, requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access request under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a Court order to prevent release or disclosure. Any disputes regarding requests for information or the confidential nature of the information requested will be resolved according to applicable law and through the dispute resolution process identified in Paragraph 16. If the Party or individual claiming the information or report is confidential fails to obtain a timely Court order preventing the release or disclosure of the information, the Party in possession of the information will release it to the extent required by applicable law.

16. Resolution of Disputes

The Parties agree to make every attempt to settle any disputes regarding this MOA at the lowest operational level. In the case of (1) a substantial disagreement between BOEM and USACE or between BOEM and the State with respect to any aspect of BOEM’s authorization of the use of OCS sand resources in accordance with the terms and conditions as specified or (2) any alleged breach by a Party of the terms and conditions as specified herein, the undersigned will designate a senior management official in their respective agencies to state the area(s) of disagreement or alleged breach in writing and present such statement to the other Parties for consideration. If resolution is not reached within seven (7) days, the Parties may request the active participation of the District Commander, Baltimore District of the USACE, the Chief of the Office of Strategic Resources of BOEM, and the Secretary of the Maryland Department of Natural Resources.

17. Miscellaneous

This MOA will not affect any pre-existing or independent relationships or obligations among DOI, USACE, and the State, including any other relationships or obligations between BOEM and USACE, or any other units of such Departments.

All rights in Weaver Shoal W-C Borrow Area not expressly granted to USACE and the State are hereby reserved to BOEM. BOEM reserves the right to authorize other uses in Weaver Shoal W-C Borrow Area that will not unreasonably interfere with activities authorized under this MOA. BOEM will allow USACE and the State to review and comment on any proposed authorizations for the use of OCS sand resources in any segment of Weaver Shoal W-C Borrow Area while this MOA is in effect. If any party to this MOA makes a request for a separate negotiated agreement for the use of OCS sand resources in any segment of Weaver Shoal W-C Borrow Area, then it must share the request with all the parties to this MOA, and BOEM will consider comments on the request from the other parties.

Nothing herein is intended to conflict with current USACE, State, or BOEM statutes or regulations.

If the terms of this MOA are inconsistent with existing statutes or regulations of any of the Parties entering into this MOA, then those portions of this agreement which are determined to be inconsistent will be invalid, but the remaining terms and conditions not affected by the inconsistency will remain in full force and effect. At the first opportunity for review of the MOA after such inconsistency is identified, all necessary changes will be accomplished either by an amendment to this MOA or by entering into a new MOA, whichever is deemed expedient to the interest of the Parties.

This agreement may be executed in two (2) or more counterparts, each of which will be deemed an original. The signatures to this agreement may be executed on separate pages, and when attached to this agreement will constitute one complete document.

Signatures provided by electronic means including, by way of example and not of limitation, facsimile, Adobe, PDF, and sent by electronic mail or by an electronic signature program, will be deemed to be original signatures.

[This rest of this page was intentionally left blank. Signature Page to follow.]

MEMORANDUM OF AGREEMENT

AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT

OF THE DEPARTMENT OF THE INTERIOR

AND THE

CORPS OF ENGINEERS

OF THE DEPARTMENT OF THE ARMY

AND THE

STATE OF MARYLAND,

MARYLAND DEPARTMENT OF NATURAL RESOURCES

REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES

FOR THE PERIODIC NOURISHMENT OF THE ATLANTIC COAST OF MARYLAND

SHORELINE PROTECTION PROJECT IN OCEAN CITY, MARYLAND

BOEM Negotiated Agreement No. OCS-A 0536

Signatory Page

Megan Carr, PhD, CPG John T. Litz Chief, Office of Strategic Resources Colonel, U.S. Army Bureau of Ocean Energy Management Commander and District Engineer Department of the Interior U.S. Army Corps of Engineers Baltimore District

Jeannie Haddaway-Riccio Maryland Secretary of Natural Resources Tawes State Office Building, Annapolis MD

[This page intentionally left blank]

Attachment 1 Weaver Shoal W-C Borrow Area Map and Placement Sites

Attachment 2 Area to be Avoided During Dredging Operations within

Weaver Shoal W-C Borrow Area

[This page intentionally left blank]

Offshore Prehistoric or Historic Resources a table showing major types of construction equipment used and nature of their use by phase of the Project construction;

a list and description of any safety-related issues or accidents reported during the life of the Project;

a narrative and any appropriate tables describing any environmental monitoring associated with the Project;

a table listing significant construction dates beginning with bid opening and ending with final acceptance of the Project by the USACE;

digital appendices containing the as-built Project footprint (.shp /.gdb), and bathymetric survey data outlined in Section 10 above;

metadata appropriate to geospatial deliverables; and any additional pertinent Project photo or video documentation in high-resolution format.

SLA Boundary:

2021-05-04T10:24:28-0400

MEGAN CARR

2021-04-19T16:02:21-0400

LITZ.JOHN.THOMAS.1106467079

2021-04-29T16:14:43-0400

Jeannie Haddaway-Riccio