IFB_0013_specs.pdf

US Army Corps of Engineers New York District

NEW YORK AND NEW JERSEY HARBOR

CHANNEL NAVIGATION IMPROVEMENT 50 FT PROJECT

ANCHORAGE CHANNEL – UTILITY CORRIDOR

CONTRACT - CT 16

S-AN-UC

NEW YORK AND NEW JERSEY

Specifications

IFB NO. W912DS-15-B-0013

(UNRESTRICTED) OCT 2015

COVER SHEET

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

ANCHORAGE CHANNEL

UTILITY CORRIDOR CONTRACT - CT 16

S-AN-UC

NEW YORK AND NEW JERSEY

1. Attached is INVITATION FOR BIDS (IFB) No. W912DS-15-B-0013.

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 13).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL

OPPORTUNITY clause as it applies to the contract resulting from this solicitation.

(See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 21 13 of this

IFB).

5. REPRESENTATIONS AND CERTIFICATIONS – SECTION 00 45 00

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00 45 00, note in particular the PROHIBITION SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render His bid or offer non-responsible to the terms of solicitations involving awards of Contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause.

6. THIS PROJECT IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT

FUNDED BY THE DEPARTMENT OF DEFENSE.

7. Please review all bonds and accompanying documents required to be submitted.

Bonds, Powers of Attorney, statements of authenticity and continuing validity, and all

COVER SHEET

related documents MUST NOT bear computer printer-generated signatures and/or seals. Documents bearing signatures and/or seals generated as part of a document, as opposed to being affixed to the document after its generation, will not be accepted.

Submission of such documents may render the bid or offer non-responsive and ineligible for award.

CHECKLIST - 1

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BIDS NO. W912DS-15-B-0013

CHECK LIST FOR BIDDERS

ANCHORAGE CHANNEL

UTILITY CORRIDOR CONTRACT - CT 16

S-AN-UC

NEW YORK AND NEW JERSEY

ATTACHED IS IFB No. W912DS-15-B-0013

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION

MUST BE FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR

OFFER INELIGIBLE FOR AWARD. IMPORTANT ITEMS FOR YOU TO CHECK

ARE INCLUDED IN BUT NOT LIMITED TO THOSE LISTED BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A

PROPER BID

__HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__HAVE YOU COMPLETED THE “REPRESENTATIONS AND CERTIFICATIONS”

(SECTION 00 45 00) PORTION OF THE SOLICITATION?

__IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__IS YOUR BID PROPERLY SIGNED?

__IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND

SURETY AND ARE ALL SEALS AFFIXED?

__DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR

SIGNATURES AND SEALS AFFIXED AFTER THE DOCUMENT WAS

GENERATED, AS OPPOSED TO COMPUTER PRINTER-GENERATED

SIGNATURES AND/OR SEALS?

__HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER

BY ALTERING THE PROVISIONS OF THE SOLICITATION?

__WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE

ITEM? (THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS

NECESSARY.)

__ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR

FIGURES LEGIBLE?

CHECKLIST - 2

__IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE

THEY INITIALED BY THE PERSON SIGNING THE BID?

__DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY

THAT IT ISA SEALED BID AND DOES IT CONTAIN THE CORRECT

SOLICITATION NUMBER AND BID OPENING TIME?

__WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00100

OF THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K.

JAVITS FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE

TIME IT TAKES TO ENTER THE BUILDING. BIDDERS IS RESPONSIBLE TO

ENSURE THAT ITS BID IS SUBMITTED TIMELY.

MTOC - 1

MAIN TABLE OF CONTENTS

SECTION TITLE

00 10 00 SF 1442 AND BIDDING SCHEDULE

00 21 13 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SUPPLEMENTARY CONDITIONS- SPECIAL CONTRACT

REQUIREMENTS

LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

00 90 00 WAGE RATE

00 90 01 SAMPLE FORMS, MAPS

00 90 02 WATER QUALITY CERTIFICATE

TECHNICAL PROVISIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 13 55.00 18 AIR EMISSIONS REQUIREMENTS

01 22 00.00 18 MEASUREMENT AND PAYMENT

01 32 01.00 18 PROJECT SCHEDULE

01 33 00.00 18 SUBMITTAL PROCEDURES

01 35 26.00 GOVERNMENTAL SAFETY REQUIREMENTS

01 35 30.00 18 UNEXPLODED EXPLOSIVE ORDNANCE (UXO) OPERATIONS

01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS)

01 45 10.00 18 CONTRACTOR QUALITY CONTROL

01 57 20.00 18 ENVIRONMENTAL PROTECTION

01 57 23.00 18 ENDANGERED SPECIES OBSERVERS AND REQUIREMENTS

DIVISION 11 - EQUIPMENT

11 01 00.00 18 DIGITAL PHOTO DOCUMENTATION AND COMMUNICATIONS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 10 00.00 18 WATER SIPHONS PROTECTIVE MEASURES AND REPAIRS

35 20 23.00 18 DREDGING AND PLACEMENT

35 20 23.05 18 DREDGING AND PLACEMENT PVSC CORRIDOR

35 20 23.10 18 DREDGED MATERIAL TRANSPORT, PLACEMENT AND

MONITORING

35 20 23.23 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

HOPPER DREDGE

35 20 24.30 18 SUBSURFACE DRILLING AND SAMPLING

-- End of Main Table of Contents --

PROJECT IDENTIFICATION SIGN

CIVIL PROJECT

The graphic format for this 4' x 6' sign panel follows the legend guidelines and layout as specified below. The large 4' x 4' section of the panel in the right is to be white with black legend. The 2' x 4' section of the sign on the left with the full corps Signature (reverse version) is to be screen printed Communications Red on the white background. The castle insignia will be by the Contractor in pressure sensitive vinyl for affixing by the Contractor.

See attached sheet for fabrication and mounting guidelines.

SAMPLE:

Legend Group 1: One to two-line 3" 21" 3" 42" 3" description of Corps relationship 4.5"

6"to project Construction NEW YORK & NEW JERSEY HARBOR 2" Color: white

6.25" Supervised by:

CHANNELS 50ft 4.5"Typeface: 1.25" Helvetica Regular Maximum line length: 19"

10.5" SANUC (this is a sample) 4.5"

6" Legend Group 2: Division or District Name (optional, Place 2.5" NAVIGATION IMPROVEMENT PROJECT US Army Corps below 10.5" Reverse Signature (6" of Engineers CONTRACT 16 2.25" Castle) NORTH ATLANTIC DIVISION NEW YORK AND NEW JERSEY

9.5"

Color: white NEW YORK DISTRICT Typeface: 1.25" Helvetica Regular Construction

Legend Group 3: One-to three-line project title legend describes the work being done 1.875 under this contract. 1.875

Color: Black LOCAL SPONSORS Contractor: 1.875

Typeface: 3" Helvetica Bold 1.875

PORT AUTHORITY OF

Maximum line length: 42"

7.75"NEW YORK AND NEW JERSEY

Legend Group 4: One-to two-line identification of project or facility 3" 21" 1" 21" 3"

(civil works) or name of sponsoring (Dimensions are in inches)department (military).

Color: Black

Sign Legend Panel Post Specification Mounting Color Typeface: 1.5" Helvetica Regular

Type Size Size Code Height Bkg/Lgd Maximum line length: 42"

CID-01 various 4' x 6' 4' x 4' HDO-3 48" WH-RD/BK

Cross-align the first of Legend Group 4 with the first line of the Corps Signature (US Army Corps) as shown.

Legend Group 5a-b: One-to-five line identification of prime Show non-Federal local partner's name and logo -contractors including: type (architect, general contractor, etc.), Port Authority of New York and New Jersey corporate or firm name, city, state.

Use of Legend Group 5 is optional.

Color: Black Typeface: 1.25" Helvetica Regular Maximum line length: 21"

All typography is flush left and rag right upper and lower case with initial capitals only as shown.

Letter and word spacing to follow Corps standards as specified in

* Appendix D

* Refers to the U.S. Army Corps of Engineers, "Sign Standards Manual", EPS-310-1-6.

00 80 00 - 81-2

The graphic format, color, size and type-faces used on the sign are to be reproduced exactly as specified below. The title with First Aid logo in the top section of the sign, and the performance record captions are standard for all signs of this type. Legend Group 2 and 3 below identify the project and the contractor and are to be placed on the sign as shown.

Safety record numbers are mounted on individual metal plates and are screw-mounted to the background to allow for daily revisions to posted safety performance record.

Legend Group1: Standard two-line title "safety is a Job Requirement", with (8" od.) Safety Green First Aid logo. Color: To match PMS 347 Typeface: 3" Helvetica Bold Color: Balck

NAVIGATION CHANNEL IMPROVEMENT

Legend Group 2: One- to two-line CHANNEL project title legend describes the CONTRACT ## work being done under this contract and name of host project.

Color: Black 2.25" NEW YORK AND NEW JERSEY Typeface: 1.5" Helvetica Regular Maximum line length: 42"

2.25" Contractor:

Legend Group 3: One - to two-line identification: name of prime This project has Days without & contractor and city, state address. 1.875" operated: lost time injury 4.875" Color: Black Typeface: 1.5" Helvetica Regular Total days worked Maximum line length: 42" 1.875" on this contract 4.875"

Legend Group 4: Standard safety Lost time record captions as shown. 1.875" injuries 4.875" Color: Black

Typeface: 1.25" Helvetica Regular

Replaceable numbers are to be mounted on white .060: aluminum plates and screw-mounted to background.

Color: Black Typeface: 3" Helvetica Regular Plate size: 2.5"x.5"

All typography is flush left and rag right, upper and lower case with initial capitals only as shown.

Letter- and word-spacing to follow Corps standards as specified in Appendix D. *

* Refer to the U.S. Army Corps of Engineers, "Sign Standards Manual", EPS-310-1-6.

Sign Legend Post Specifications Mounting Color Type Size Size Code Height Bkg/Lgd CID-02 various HDO-3 48" WH/BK-GR

SAFETY PERFORMANCE SIGN

Safety is a Job Requirement

3" 3"8"

3"

3"

4"

3"

10.5"

3" 31"

Dimensions inches.

3" 2" 17"

6"

3.875"

4.5"

See attached sheet for fabrication and mounting guidelines.

Panel Size 4"x4" 4"x4"

2.5" 2.5"

.875"

3.125"

.975"

2.5"

00 80 00-81-3

Fabrication and Mounting Guidelines

As Construction Project Identification signs Detailed specifications for and Safety Performance signs are to be HDD plywood panel preparation are pro-fabricated and installed as described vided in Appendix B.** below. The signs are to be erected at a Shown below the mounting diagram is location deignated by the contracting of- a panel layout grid with spaces provided ficer and shall conform to the size, format, for project information. Photocopy this and typographic standards shown on page and use as a worksheet when pre-the attached sheets. apring sign legend orders.

The sign panels are to be fabri-cated from .75" High Density Over-lay Plywood. Panel preparation to follow HDD specifications provided in Appendix B. **

Sign graphics to be prepared on a white non-reflective vinyl film with positionable adhesive backing.

48" All graphics except for the Com-munications Red background with Corps signature on the project sign are to be die-cut or computer-cut non-reflective vinyl, pre-spaced legends prepared in the sizes and typefaces specified and applied to

48" the background panel following (Dimensions in inches)the graphic formats shown on the attached sheets.

** Refers to the U.S. Army Corps of Engineers,The 2'x4' Communications Red panel (to match PMS-032) with

"Sign Standards Manual", EP-310-1-6.full Corps signature (reverse ver-sion) is to be screen printed on the white background. Identifica-tion of the District or Division may 18" be applied under the signature with white cut vinyl letters pre-pared to Corps standards. Large Construction Project Sign scale reproduction artwork for the Legend Group 1: Corps Relationship signature is provided on page 4.8

(photographically enlarge from 1.

6.875" to 10.5"). **

2.

Drill and Insert six (6) .375" T-nuts from the front face of the HDD Legend Group 2: Divison/District Name sign panel. Position holes as 1.

shown. Flange of T-nut to be flush with sign face. 2.

Apply graphic panel to prepared Legend Group 3: Project Title HDD plywood panel following manufacturers' instructions. 1.

2.

Sign uprights to be structural grade 4"x4" treated Douglas Fir 3.

or Southern Yellow Pine. No.1 or better. Post to be 12" long. Drill six (6) .375" mounting holes in Legend Group 4: Facility Name uprights to align with T-nuts in sign panel. Countersink (.5") back of 1.

hole to accept socket head cap screw (4"x.375"). 2.

Assemble sign panel and uprights. Legend Group 5a: Contractor/A&E Legend Group 5b: Contractor /A&E Imbed assembled sign panel and uprights in 4" hole. Local soil con- 1. 1.

ditions and/or wind loading may require bolting additional 2"x4" 2. 2.

struts on inside face of uprights to reinforce installation as shown. 3. 3.

4. 4.

5. 5.

Safety Performance Sign Legend Group 1: Project Title

1.

2.

Legend Group 2: Contractor/A&E

1.

2.

00 80 00- 81-4

SECTION 00900 – WAGE RATES

00900-i

00901-i

SECTION 00901

SAMPLE FORMS AND MAPS

REPORT OF OPERATIONS-PIPELINE, DIPPER OR BUCKET DREDGES

REPORT CONTROL SYMBOL

THRU: TO: FROM: REPORT #

CHARACTER

OF REPORT

MAINT. NEW WORK DAILY STATUS COMPLETION ANNUAL DATE OR PERIOD

DREDGE

NAME AND TYPE

SIZE

PIPELINE (in. dia. disch.) DIPPER OR BUCKET (cu. yds. cap)

HORSE- DREDGE PUMP SUCTION PIPE JET CUTTER OR BUCKET PROPULSION

POWER OF

NUMBER OF DREDGE SHORE OTHER PLANT TOTAL WORK SHIFTS/DAY DAYS/WEEK

CREW SCHEDULE

MEMBERS

PROJECT

AND BAR

NAME AND TYPE AUTH WIDTH DEPTH OVERDEPTH

LOCATION (include station numbers) STA. NO.: Range:

CHARACTER

OF MATERIAL

ABSOLUTE DENSITY (GMS/liter) IN PLACE DENSITY (GMS/liter) VOIDS RATIO

GRAIN SIZE GEOLOGICAL CLASSIFICATION

Din MM Din MM Din MM

CONTRACT NUMBER CONTRACTOR HIRED LABOR TOTAL NO. OF DAYS ON

ORDER WHICH WORK WAS DONE

CHANNEL AVERAGE DEPTH BD AD MINIMUM SOUNDING BD AD

CONDITION

RIVER MINIMUM TIME MAXIMUM TIME GAUGE LOCATION

STAGE

WEATHER (clear, cloudy, rain, and fog) VISIBILITY WIND (maximum, velocity, & direction)

CONDITION

WORK PERFORMED DISTRIBUTION TIME

ITEM UNIT QUANTITY EFFECTIVE WORKING TIME HOURS MIN.(chargeable to cost of work)

AVERAGE WIDTH OF CUT FEET PUMPING OR DREDGING

TOTAL TRAVELTHIS PERIOD FEET PERCENTAGE OF EFFECTIVE RENTAL TIME %

TOTAL TRAVEL TO DATE FEET BOOSTER (in line)

TOTAL ADVANCE TO DATE FEET NON-EFFECTIVE WORKING TIME

FLOATING PIPE: SHORE PIPE: (chargeable to cost of work)

TOT. LENGTH OF DISCHARGE FEET HANDLING PIPE LINES

AVERAGE LIFT FEET HANDLING ANCHOR LINES

AVERAGE PUMP SPEED R.P.M. CLEARING PUMP AND PIPE LINE

AVG. DREDGED/PUMP. HR. CU. YDS. CLEARING CUTTER OR SUCTION HEAD

SCOWS LOADED NUMBER WAITING FOR SCOWS

AVERAGE LOAD PER SCOW CU. YDS. TO AND FROM WHARF OR ANCHORAGE

CUBIC YARDS REMOVED CHANGING LOCATION OF PLANT ON JOB

AMOUNT DREDGED THIS PERIOD: LOSS DUE TO OPPOSING NATURAL ELEMENTS

(1) GROSS (computed amount) LOSS DUE TO PASSING VESSELS

(2) CREDITED (pay place) SHORE LINE AND SHORE WORK

AMOUNT PREVIOUSLY DREDGED: WAITING FOR BOOSTER

(1) GROSS (computed amount) MINOR OPERATING REPAIRS (explain in remarks)

(2) CREDITED (pay place) WAITING FOR ATTENDANT PLANT

TOTAL AMOUNT DREDGED TO DATE: PREPARATION AND MAKING UP TOW

(1) GROSS (computed amount) TRANSFERRING PLANT BETWEEN WORKS

(2) CREDITED (pay place) LAY TIME OFF SHIFT AND SATURDAYS

ATTENDANT PLANT SUNDAYS AND HOLIDAYS

ITEM NAME OR NUMBER HOURS FIRE DRILL

MISCELLANEOUS (explain in remarks)

TOTAL NON-EFFECTIVE WORKING TIME

PERCENTAGE OF NON-EFFECTIVE RENTAL TIME %

TOTAL EFFECTIVE AND NON-EFFECTIVE TIME

(chargeable to cost of work)

PERCENTAGE OF TOTAL TIME IN PERIOD %

LOST TIME (not chargeable to cost of work)

MAJOR REPAIRS AND ALTERATIONS

CESSATION

COLLISIONS

MISCELLANEOUS (explain in remarks)

NUMBER OF BY DISTRICT PERSONNEL TOTAL LOST TIME

INSPECTIONS BY DIV&OCE PERSONNEL PERCENTAGE OF TOTAL TIME %

CONTRACT

USE ONLY

HAS ANYTHING DEVELOPED WHICH

MIGHT LEAD TO A CHANGE ORDER OR

CLAIM?

YES OR NO

TOTAL TIME PERIOD

ENG FORM 4267

00901 - 1

ITEM COST

DIRECT PLANT OPERATING COSTS

UNIFORM DAILY RATE BASIS (To be completed when submitting Status and Completion reports.)

CHARGES: DAYS AT $ PER DAY

(Item 19, ENG Form 22 (Costs) - adjusted to exclude plant increment cost)

OR

ACTUAL PLANT COSTS (To be completed when submitting Annual report) PAYROLLS (gross)………………………………………………………………………………………………………… $

SUBSISTENCE & QUARTERS OR PER DIEM & MILEAGE……………………….……………………………….. $

FUEL BARREL AT $ PER BARREL……………………...……………… $

WATER…………………………………………………………………………………………………………………..… $

LUBRICANTS…………………………………………………………………………………………...………………… $

PLANT OWNERSHIP COSTS (as computed below)…………………………..……………………………………… $

INSURANCE………………………………………………………….………………………………………….………… $

ATTENDANT PLANT…………………………………….……………………………………………………………………$

MISCELLANEOUS…………………………………………………...…………………………...……………………… $

SUBTOTAL -- UNIFORM DAILY RATE OR ACTUAL COSTS

SUBTOTAL -- PLANT UNIT COST $ PER CUBIC YARD

SHORE WORK

SUBTOTAL -- SHORE WORK COSTS $……………………………………………………………………………...…..

SUBTOTAL -- SHORE WORK UNIT COSTS $ PER CUBIC YARD

OTHER COSTS:

SURVEYS…………………………………………………………………………………………..………………………. $

INSPECTION AND SUPERVISION…………………..………………………………………………………………….. $

OVERHEAD………………………………………………………………………………………..……………………… $

OTHER INDIRECT COSTS……………………………………………………………………………………………..… $

SUBTOTAL--OTHER COSTS $

SUBTOTAL -- OTHER UNIT COST PER CUBIC YARD

GRAND TOTAL--ALL COST…………………………………………………………...……...……………………………………………………...………$

GRAND TOTAL--ALL UNIT COST PER CUBIC YARD

OPERATING SUPPLIES ANNUAL REPORT DATA

COMMODITIES

CONSUMED INVENTORY (complete when submitting Annual report)

UNIT QUANTITY QUANTITY VALUE COST PER RENTAL MINUTE

FUEL (oil) (Based on total operating cost)………..………….… $

TOTAL COST OF PLANT

LUBE (oil) (End of F.Y. reporting period)………………..……… $

BOOK VALUE

LUBE (grease) (End of F.Y. reporting period)………….…………… $

BALANCE IN PLANT ACCOUNT

WATER (End of F.Y. reporting period)…………………...…… $

PLANT OWNERSHIP COSTS

(Actual for F.Y. reporting period)…………....…….…

DESCRIPTION…………………….………….……… $

REPAIRS…………………………..……………….…… $

CESSATION OF WORK……...………….….……… $

SMALL TOOLS, ETC……...………………………. $

SUBSISTENCE SUPPLIES

MISCELLANEOUS SUPPLIES

TOTAL…………………...…………...……………………$

TOTAL

REMARKS

SUBMITTED BY (Name, title, and signature) RECOMMENDED BY (Name, title, and sig) APPROVED BY (Name, title, and signature)

00901 - 2

S

REPORT NO. DATE:

PROJECT TIME STARTED FRAME HRS. WORKED

LOCATION TIME FINISHED FRAME IDLE

DRILL BOAT TYPE OF DRILL FRAMES USED

DELAYS THIS DATE CONTRACT

TO DATE

MOVE ON/OFF SITE - WEEKEND, DAY END WEATHER

TEST FOR ROCK WIND

OFF ROCK - NO DRILLING SEASON

WAIT OTHER FRAMES

MOVE FRAMES

CHANGE BITS & BARS

CLEAN HOLES

LOAD HOLES

MOVE TO BLAST

MOVE TO BLAST & NEW CUT

MOVE TO NEW RANGE ATTENDANT PLANT HOURS

TRAFFIC

WEATHER

LIGHTNING

REPAIRS

GREASE

LOAD/WAIT POWDER

ANCHORS

SURVEY

OTHERS (Specify in "Remarks") REMARKS ON DELAYS

TOTAL FRAME HRS. DELAYS

TOTAL FRAME HRS. WORKED

TOTAL FRAME REV. HRS.

FRAME TIME EFFICIENCY %

NO. TIMES MOVE TO BLAST

NO. TIMES MOVE TO BLAST & NEW CUT

NO. TIMES MOVE TO NEW RANGE

CREW U.S. DAILY OPERATING CONDITIONS

OTHER

TOTAL SECTION OR AREA (S)

SUPERINTENDENT CUT NUMBER (S)

CIVIL ENGINEER CROSS RANGES (STATIONS) TO

CAPTAIN TO TO

DAY FORMAN TO TO

NIGHT FORMAN

DRILLER

BLASTER DRILLING GRADE NO. OF HOLES DRILLED

HELPER PROJECT GRADE NO. OF HOLES BLASTED

WATCH ENGINEER AVG. TOP MATERIAL LBS EXPLOSIVE USED

MACHINIST AVG. FEET DRILLED CAPS USED

OILER BOOSTER USED

MATE FUELS USED

DECK HAND BLAST HOLES LINE HOLE SPACING

TUG OPERATOR TYPE OF DYNAMITE

CLERK TYPE OF WIRE

ROD MAN TYPE OF ROCK

OTHERS

REMARKS ON PRODUCTION OR CONDITIONS:

SUPERINTENDENT: DATE:

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00901-5

USACE TRANSPORTATION AND PLACEMENT LOG

Log Number: Date (yy:mm:dd)

Project Information:

Trip Number: Tow Owner:

Permit Number: Inspector' s Name:

Project Name: Tug's Navigational Unit:

Tug and Scow Information:

Tug Name: Scow Name/Number:

Tug Captain: Scowman's Name:

Loading Information: A-B Load Line( )Summer( )Winter( )Winter North Atlantic Volume of Material (Cubic yds): Scow Draft@plimsol mark for respective A-B Load Line (ft):

Time Loading is Complete (hh:mm:ss): Scow Draft Forward (ft):

Description of material: Scow Draft Aft (ft):

Percent Rock:

Placement Site Weather Conditions:

Wind Direction (from): Wind Speed (mph):

Weather conditions:

Observed Water Depth (ft): Wave Swell Height (ft):

Visibility (n miles):

Marine Mammals/Sea Turtles Sighted (Yes/No):

Transit/Placement Information Area: Tug Position Determined By (GPS/DGPS) DGPS Approximate Distance from Scow to Target Area at Time of Discharge (ft) Time Scow Arrives at Project Placement Area:

Length of Towline at Time of Discharge (ft):

Scow Heading (Degrees): Estimated Scow Speed (kts):

Distance from Tug Navigational Antenna to Tugs Towing Bit (ft):

Direction of Scow Relative to Tugs Towing Bit (Degrees):

Start Time (DOORS OPEN) Tug Speed (kts):

Tug Heading (Degrees): GPS/DGPS: Latitude: Longitude:

End Time (DOORS OPEN)

Post Placement Time (DOORS OPEN)

Comments:

00901 – 6

USACE TRANSPORTATION AND PLACEMENT LOG

Log Number: Date:

Project Information

Trip Number: Tow Owner:

Permit Number: Inspector’s Name:

Project Name: Tug’s Nav. Unit:

Tug and Scow Information:

Tug Name: Scow Name/Number:

Tug Captain:

Loading Information

Description of Material:

Loading Cycle 1 2 Date Time Date Time Loading starts: / / : / / :

Loading complete: / / : / / :

Scow arrives at Dewatering pier: / / : / / :

Scow Departed Dewatering pier: / / : / / :

Scow Draft Aft (ft):

Transit/Placement Site Weather Conditions:

Wind Speed (mph):

Weather Conditions:

Visibility (n miles):

Date Time Scow Departed Dredge site: / / :

Scow arrive at -----: / / :

Receipt acknowledge by -----:

Signature

Unloading Information:

Unloading start: Date Time Unloading complete: / / :

Scow Departed -------: / / :

Comments:

USACE Inspector/Date

REPORT OF OPERATIONS -- HOPPER DREDGES

GRAIN SIZES: D MM. D MM. D MM.

ENG FORM 27, May 79 (Proponent: CECW-OD)EDITION OF 1 FEB 75 IS OBSOLETE. (ER 37-2-10)

NUMBER OF INSPECTIONS BY FIELD SUPERVISORY PERSONNEL

NUMBER OF INSPECTIONS BY OFFICE SUPERVISORY PERSONNEL

NAME OF PLANT TYPE HOURS

CUBIC YARDS

WORK PERFORMED

THIS PERIOD PREVIOUSLY TO DATE

NUMBER OF LOADS HAULED NUMBER OF TEST LOADS

ATTENDANT PLANT

VALUE

COMMODITIES

SUBSISTENCE SUPPLIES

MISCELLANEOUS SUPPLIES

UNIT QUANTITY QUANTITY

OPERATING SUPPLIES

CONSUMED INVENTORY

MAJOR REPAIRS AND ALTERATIONS

CESSATION

COLLISIONS

DISTRIBUTION OF TIME

TURNING

AGITATION

PUMPING AND TURNING

TOTAL EFFECTIVE WORKING TIME

NONEFFECTIVE WORKING TIME

(Chargeable to Cost of Work)

TAKING ON FUEL AND SUPPLIES

TO AND FROM WHARF OR ANCHORAGE

LOSS DUE TO OPPOSING NATURAL ELEMENTS

LOSS DUE TO TRAFFIC AND BRIDGES

MINOR OPERATING REPAIRS

TRANSFERRING BETWEEN WORKS

LAY TIME

FIRE AND BOAT DRILLS

MISCELLANEOUS

LOST TIME (Not Chargeable to Cost of Work)

HOURS MINUTES

AV. NUMBER OF PERSONS IN CREW

EXACT LOCATION OF WORK MAINTENANCE

NEW WORK

CONSOLIDATED

JOB REPORT

TO: COMMANDER/DIRECTOR

U.S. ARMY WATER RESOURCES SUPPORT CENTER

ATTN: WRSC-D, FORT BELVOIR, VA 22060

DISTRICT

RCS: ENGCW-O-13

DREDGE

DATE

AV. LENGTH OF CUT FT.

NAVIGATION AND OTHER AIDS, INCLUDING STATEMENT AS TO ADEQUACY

ABSOLUTE DENSITY GMS/LITER

CHARACTER OF MATERIAL

PERCENT OF TOTAL PUMPING TIME GAS EJECTION IN USE

HOURS DURING PERIOD RADAR IN USE

MISCELLANEOUS DATA

AV. ECONOMIC LOAD CU. YDS.AV. LOAD CU. YDS.

BBLS.

GALS.

LBS.

GALS.

FUEL (Oil)

LUBRICANTS (Oil)

LUBRICANTS (Greased)

WATER

TOTAL LOST TIME

TOTAL

PERCENTAGE OF RENTAL TIME

PERCENTAGE OF TOTAL TIME

PERCENTAGE OF RENTAL TIME

AV. WIDTH OF CUT FT.

TOTAL RENTAL TIME

HOPPER CAPACITY CU. YDS.

AV. DIST. TO DUMP MILES VOIDS RATIO

WATER DENSITY GMS/LITERIN PLACE DENSITY GMS/LITER

AV. UNFILLED CAPACITY CU. YDS.AV. VOLUME OF WATER CU. YDS.

A. HAULED

B. AGITATED

C. PAY PLACE (Credited)

D. EXCESS

E. NATURAL SHOALING OR SCOURING

F. TOTAL (C&E)

AV. PUMPING TIME AV. ECONOMIC PUMPING TIME MINS.

DREDGING AND HAULING

PUMPING

TO AND FROM DUMP

DUMPING

TOTAL NONEFFECTIVE WORKING TIME

PERCENTAGE OF TOTAL TIME

TOTAL TIME IN PERIODTOTAL

20- 50- 80-

EFFECTIVE WORKING TIME

(Chargeable to Cost of Work)

COST DATA

ITEMS COST

PAYROLLS (gross) $

LESS SUBSISTENCE AND QUARTERS $

SUBSISTE

FUEL BBLS. AT $

WATER

LUBRICANTS

PLANT RENTAL

INSURANCE

ATTENDANT PLANT

MISCELLANEOUS

TOTAL PLANT OPERATING COST

$ HAULED $ AGITATED

SURVEYS

INSPECTION AND SUPERVISION

OVERHEAD

OTHER INDIRECT COSTS

SUBTOTAL

TOTAL COSTS

TOTAL COST PER CUBIC YARD:

CREDITED CREDITED - SCOURING REMOVE EXCESS

+ SHOALING TOTAL COST TO

JOB EST

THIS PERIOD

JOB TO DATE

OPERATING COST PER MINUTE AT WORK

FORMULA:

EXCESS YARDAGE

x TOTAL COST EXCESS + CREDIT { x SHOALING

- SCOURING

(BASED on effective plus noneffective

DATA FROM PLANT COST AND RENTAL

BOOK

BALANCE IN PLANT RENTAL

ADDITIONS AND BETERMENTS TO

COSTS CHARGED TO PLANT RENTAL:

DEPRECIATION

CESSATION OF WORK

REPAIRS TO HULL

REPAIRS TO MACVHINERY

SMALL TOOL, ROPE, ETC.

A N N U A L

TOTAL COST

CHIEF BUDGET AND ACCOUNTS BRANCH

REMARKS

TITLE

SUBMITTED BY RECOMMENDED APPROVED

TITLE TITLE CORPS OF ENGINEERS

DISTRICT ENGINEER

(Reverse of Eng Form 27)

-80.0

-75.0

-70.0

-65.0

-60.0

-55.0

-50.0

-45.0

-40.0

-35.0

-30.0

-25.0

-20.0

-15.0

-10.0

-5.0

0.0

-400 -300 -200 -100 0 100 200 300 400

Distance from eastern edge of channel (ft)

E le v a ti o n ft

M L

W U

S A

C E

Upper limit of top of pipes

Bottom of trench

1952 bathymetry

-51.5 ft USACE MLW

-58.5 ft USACE MLW

1952 top of pipes + 15 ft

1952 top of pipes

Top of fill

2005 bathymetry

Channel edge

Northern Trench

West East

-80

-75

-70

-65

-60

-55

-50

-45

-40

-35

-30

-25

-20

-15

-10

-5

-400 -300 -200 -100 0 100 200 300 400

Distance from eastern edge of channel (ft)

E le v a ti o n ft

M L

W U

S A

C E

2002 bathymetry

1959 top of fill

1959 bottom of trench

-51.5 ft USACE MLW

-58.5 ft USACE MLW

Bottom of trench

Upper limit of top of pipes

Top of fill

2005 bathymetry

Channel edge

Southern Trench

West East

North Trench

Seismic Line Relation to channel

Easting (ft) New

York Long

Island State

Plane NAD83

Northing (ft)

New York Long

Island State

Plane NAD83

Bathymetry

Elevation (ft)

MLW USACE

Top of trench fill

Elevation (ft)

MLW USACE

Upper limit of top of pipe

Elevation (ft)

MLW USACE

Bottom of trench

Elevation (ft)

MLW USACE

Top of pipe

+15 feet from

1952 drawing

Elevation (ft)

MLW USACE

Top of pipe from 1952 drawing

Elevation (ft)

MLW USACE

Distance from eastern channel toe e_901_004_20060328_00004 in channel 971,069.6 165,470.1 -53.9 -62.9 -67.9 -70.0 -56.2 -71.2 397.0 e_902_006_20060328_00006 in channel 971,128.2 165,485.8 -52.6 -62.1 -66.4 -68.8 -55.0 -70.0 336.4 e_903_008_20060328_00008 in channel 971,167.1 165,505.1 -52.4 -61.5 -64.9 -68.2 -53.9 -68.9 293.0 e_904_010_20060328_00010 in channel 971,215.9 165,522.9 -52.8 -57.8 -62.4 -66.8 -53.4 -68.4 241.0 e_905_012_20060328_00012 in channel 971,258.1 165,537.1 -51.2 -56.7 -63.4 -66.2 -52.2 -67.2 196.5 e_906_014_20060328_00014 in channel 971,300.1 165,553.2 -51.6 -55.9 -62.7 -66.9 -51.6 -66.6 151.5 e_907_016_20060328_00016 in channel 971,349.1 165,570.3 -49.6 -55.1 -61.7 -64.3 -50.3 -65.3 99.6 e_908_017_20060328_00017 in channel 971,403.6 165,589.6 -48.5 -54.2 -59.8 -63.0 -49.7 -64.7 41.8 e_908_018_20060328_00018 in channel 971,401.2 165,589.1 -48.7 -53.7 -59.8 -63.3 -49.7 -64.7 39.3 channel toe 0.0 e_909_020_20060328_00020 in slope 971,446.4 165,605.4 -47.7 -53.0 -58.3 -61.5 -48.7 -63.7 3.0 e_910_022_20060328_00022 in slope 971,488.6 165,620.5 -45.7 -50.1 -56.9 -61.3 -47.8 -62.8 53.6 e_911_024_20060328_00024 in slope 971,545.6 165,640.7 -44.8 -49.3 -55.4 -60.8 -46.6 -61.6 114.0 e_912_026_20060328_00026 in slope 971,587.9 165,656.1 -43.4 -48.9 -54.5 -60.0 -45.6 -60.6 159.0 e_913_028_20060328_00028 in slope 971,637.1 165,673.3 -40.9 -46.7 -53.7 -57.4 -44.7 -59.7 211.2 e_914_030_20060328_00030 in slope 971,684.7 165,690.7 -39.2 -43.8 -51.3 -55.7 -43.4 -58.4 261.9 e_916_034_20060328_00034 in slope 971,772.8 165,722.4 -35.7 -41.1 -49.8 -53.4 -41.6 -56.6 355.4

South Trench

Seismic Line Relation to channel

Easting (ft) New

York Long

Island State

Plane NAD83

Northing (ft)

New York Long

Island State

Plane NAD83

Bathymetry

Elevation (ft)

MLW USACE

Top of trench fill

Elevation (ft)

MLW USACE

Upper limit of top of pipe

Elevation (ft)

MLW USACE

Bottom of trench

Elevation (ft)

MLW USACE

Trench fill

From 1959 drawing

Elevation (ft)

MLW USACE

Top of pipe from 1959 drawing

Elevation (ft)

MLW USACE

Distance from eastern channel toe e512_0200_20050804_037 in channel 971,339.8 165,065.7 -52.6 -57.7 -61.6 -65.3 -56.2 -69.1 243.0 e512_0201_20050804_005 in channel 971,380.2 165,087.2 -51.6 -56.3 -61.5 -64.5 -55.3 -68.4 197.2 e512_0202_20050804_039 in channel 971,419.0 165,108.1 -51.0 -56.3 -60.3 -63.5 -54.6 -67.1 155.1 e512_0204_20050804_015 in channel 971,512.3 165,157.4 -49.8 -54.8 -58.4 -63.4 -52.7 -63.6 48.2 e512_0205_20050804_035 in channel, near toe 971,551.2 165,178.1 -48.1 -51.7 -55.7 -60.5 -51.6 -61.8 2.0 channel toe 0.0 e512_0207_20050804_033 in slope 971,650.4 165,231.0 -43.6 -46.6 -51.1 -54.6 -48.5 -57.4 109.7 e512_0209_20050804_031 in slope 971,730.1 165,273.3 -42.1 -46.5 -50.0 -52.4 -45.0 -54.2 197.2 e512_0210_20050804_021 in slope 971,779.4 165,299.6 -39.8 -43.6 -48.2 -50.9 -42.2 -52.5 253.7 e512_0211_20050804_029 in slope 971,817.6 165,319.9 -37.6 -41.5 -46.2 -49.3 -40.0 -50.6 298.3 e512_0212_20050804_023 in slope 971,862.7 165,343.6 -35.3 -39.2 -44.1 -46.9 -37.5 -49.1 348.7

00902- i

SECTION 00902

FEDERAL CONSISTENCY DETERMINATION/WATER QUALITY

CERTIFICATIONS

""" a,.co", ••", ~ 4 ~..,.. ~} ';': .,.

: l!JloL< :. .

c. .."

"'.0 ..'" "''''''' Of

Leonard Houston, Chief Department of the Anny New York District, Corps of Engineers Jacob K. Javits Federal Building New York, New York 10278-0090 Attn: CENAN-PL-E

Dear Mr. Houston, UNITED STATES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

NORTHEAST REGION

55 Great Republic Drive Gloucester, MA 01930-2276

OCT 2 5 2012

Enclosed is the biological opinion (Opinion), issued under Section 7(a)(2) of the Endangered Species Act (ESA), for the United States Anny CorpsofEngineers (ACOE) continued operation of the New York and New Jersey Harbor Deepening project (HDP). This Opinion analyzes the entire action and is based in part upon NOAA's National Marine Fisheries Service's (NMFS) independent evaluation of the following: the 1999 and 2012 Biological Assessment (BA);

correspondence with the ACOE; and, other sources of information. The Opinion concludes that the HOP may adversely affect but is.,not likely to jeopardize the continued existence of the Northwest Atlantic Ocean Distinct Population Segment (DPS) ofloggerhead sea turtle; Kemp's ridley sea turtle; the Gulf of Maine (GOM) DPS of Atlantic sturgeon; New York Bight (NYB) DPS of Atlantic sturgeon; Chesapeake Bay (CB) DPS of Atlantic sturgeon; Carolina Drs of Atlantic sturgeon; or South Atlantic (SA) DPSs of Atlantic Sturgeon, and is not likely to adversely affect leatherback or green sea turtles or right, humpback or fin whales. NMFS has also concluded that the action will not affect shortnose sturgeon and hawksbill turtles. NMFS has assessed the project's impacts on listed species over the remaining life of the project (i.e., through approximately 2014).

Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(0)(2) ofthe ESA, taking that is incidental to, and not intended as part of, the agency action is not considered to be prohibited under the ESA provided that su~h taking is in compliance with the terms and conditions of thjsJM,ciqerital Tal{e., Statement. The Incidental Take Statement (ITS) accompanying this Biological Opinion, pursuant to Section 7 (b)(4) of the ESA, exempts the incidental taking of no more than 1 sea turtle for app~oximately every 2.6 million cubic yards

(cy) of material removed from the channel areas vla"s::popper dredge. As such, over the remaining life of the project (i.e., through 2014), NMFS expects that up to one sea turtle will be entrained in a hopperdredge, with this sea turtle being a loggerhead or a Kemp's ridley. No take of any other species of sea turtle is exempted. NMFS also believes it is reasonable to expect that no more than 1 subadult Atlantic sturgeon is likely to be entrained for approximately every 5.6 million cy of material removed from the channel areas via a hopper dredge. As such,over the remaining life of the project, NMFS expects that a total of 1 subadult Atlantic sturgeon will be entrained during hopper dredging operations. This sturgeon taken may come from the NYB, CB, GaM, Carolina, or SA DPS.

NMFS anticipates that the dredging may collect an additional unquantifiable number of previously dead sturgeon or sea turtles or sturgeon or sea turtle parts. Provided that NMFS concurs with the ACOE's deterinination regarding the state of decomposition, condition of the specimen, and likely cause of mortality, the collection of previously dead sea turtle or sturgeon parts will not be attributed to the incidental take level for this action.

The ITS specifies 9 reasonable and prudent measures (RPMs) and 14 Terms and Conditions necessary to minimize and monitor take of listed species. The RPMs outlined in the ITS are non discretionary,. and must be undertaken so that they become binding conditions for the exemption in section 7(0)(2) to apply. Failure to implement the terms and conditions through enforceable measures may result in a lapse of the protective coverage of section 7(0)(2). Monitoring that is required by the ITS will continue to supply information on the level oftake resulting from the proposed action.

This Opinion concludes consultation for the ·HDP. Reinitiation of this consultation is required if:

(l) the amount oftaking specified in the ITS is exceeded; (2) new information reveals effects of these actions that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) project activities are subsequently modified in a manner that causes an effect to the listed species that was not considered in this biological opinion; or (4) a new species is listed or critical habitat designated that may be affected by the identified actions.

.We look forward to continuing to work cooperatively with your office to minimize the effect of dredging projects on listed ·species. For further information regarding any consultation requirements, please contact Danielle Palmer at (978) 282-8468 or bye-mail (Danielle.Palmer@noaa.gov). Thank you for working cooperatively with my staff throughout this consultation process.

Sincerely, ~c~ f John K. Bullard Regional Administrator animal would be entrained. These parts are extremely unlikely to be detected by ESA observers, and if detected, are likely to be too small to be identifiable as a particular species (pers. comm.

Chris Slay, Coast Wise Consulting, Inc.; Trish Bargo, East Coast Observers, Inc.; April 4, 2012).

Additionally, animals may impinge on the UXO screens. Animals impinged on the UXO screen may free or dislodge themselves from the screen once the suction of the dredge has been turned off. Animals that free themselves may suffer severe injuries that may result in death. As the entire interaction occurs underwater, it would not be observed by an on-board observer. Due to the limited ability to observe an interaction from on deck, it is our belief that requiring the presence of an ESA observer on all hopper dredges operating under the HDP is an inappropriate means to monitor take. As there is no practical way to monitor the impingement/entrainment of listed species during hopper dredging operations under the HDP through ESA observers, we explored several alternatives, including proxies, for monitoring the interactions as described below.

The USACE and NMFS considered the following alternatives to monitor take oflisted species under the HDP during hopper dredge operations. Hopper dredging operations during the HOP will occur in Ambrose Channel.

1. Install a camera near the draghead: A camera installed on a draghead would allow users at the surface to observe underwater interactions. However, there are technical challenges to using Video, including visibility due to water clarity and available light, improper focus, inappropriate camera angle, and the range of the viewing field. The use of video would require additional resources, and it is unlikely that it would be effective for monitoring this type of dredge work. For these dredges, turbidity levels (i.e., up to 450 mg/I) near the draghead while dredging operations are underway are too high to visually detect any animal impinged on or within the vicinity of the draghead. Therefore, we concluded this would be an inappropriate means of monitoring take.

2. Use of sonar/fish finder: Sonar can be used to detect animals within the water and within the vicinity of the dredge. We concluded that sonar alone could not indicate the take of an individual animal or identify the species potentially being taken. As such, we concluded that the use of such devices would be inappropriate in monitoring for take.

3. Placement of observers on the shoreline: Observers placed on the shoreline may be able to detect stranded animals either in the water or on the shore. However, animals may not strand in the direct vicinity of the operation, and injured or deceased animal may not float to the surface immediately (i.e., it may take days for this to occur) or may drift far from the incident where the ~njury occurred. Therefore, an injured or deceased stranded animal often cannot be definitively attributed to a specific action, such as the HDP. As such, we did do nOt feel this is an appropriate means to monitor take.

4. Relocation trawling: Relocation trawling is a method to remove sea turtles from an area before an activity such as dredging occurs. In considering relocation trawling, you must also consider that animals can be injured/entrained in the trawl, and animals can return to the site depending on the length oftime between dredging and trawling. While relocation trawling may potentially reduce take· it does not provide a means for monitoring take.

Therefore, we concluded that this is not a reasonable alternative.

5. Time of year restriction: In dredging operations, time of year restrictions may be used to.

reduce or eliminate take. Moving the dredge operations outside an area when the animals are present reduces the likelihood of interaction. Time of year restrictions have been suggested for sea turtles in New York waters, based on the best available information.

However, Atlantic sturgeon may be in the project area year round. In addition, time of year restrictions do not provide a method for monitoring take, but rather reducing the take level. As sturgeon are present year-round, we did not think this was a reasonable alternative.

Both agencies agreed that none ofthese monitoring methods were reasonable or appropriate for this action. In situations where individual takes cannot be observed, a proxy must be considered.

This proxy must be rationally connected to the taking and provide an obvious threshold of exempted take that, if exceeded, provides a basis for reinitiating consultation. In considering an appropriate proxy for this action, we evaluated USACE records from 1990 to 2011 of hopper dredging operations occurring in similar habitats to the HOP. These records show that one sea turtle is entrained during dredging of2.6 million cubic yards, and one Atlantic sturgeon in dredging of 5.6 million cubiC yards (see section 8.1.2). This estimate provides a proxy for monitoring the amount of incidental take during HDP hopper dredging and will be used as the primary method ofdetermining whether incidental take has occurred. That is, we will consider that one sea turtle (Kemp's ridley or loggerhead) has been taken for every 2.6 million cubic yards material removed during hopper dredging operations. Similarly, we will consider that one subadult Atlantic sturgeon has been taken for every 5.6 million cubic yards ofmaterial removed during hopper dredging operations. In addition, there is a possibility that a Sea turtle or an Atlantic sturgeon may remain impinged on UXO screens after the dredge has been turned off.

These animals can, be visually observed, via a lookout, when the draghead is lifted above the water. Animals documented by the lookout on the draghead will be considered a take. ,This monitoring method (i.e., proxy and/or observed) will only be used in the Ambrose Channel hopper dredging component. For the mechanical dredge component, the takes will be monitored through observer coverage.

The remaining amount of material the,USACE expects to remove from the Ambrose Channel is a total of approximately 360,000 cy. Based on the information presented above, this may result in the take of 1 sea turtle and 1 Atlantic sturgeon (one turtle per 2.6 million cubic yards of material removed; one Atlantic sturgeon per 5.6 million cubic yards ofmaterial removed). In addition, observed animals impinged on the draghead will be considered as take. As soon as 1 sea turtle or 1 Atlantic sturgeon is observed' or believed to be taken (e.g., one take via proxy; or one observed impinged), any additional tak~ of a sea turtle species orAtlantic sturgeon will be considered excess of the exempted leve1.2I We expect exceedance of this take unlikely given the RMPs and Terms and Conditions described below. Lookouts will be present on the vessel and volumes of material removed will be continuously monitored during hopper dredge operations.

Therefore, take levels can be detected and assessed early in the project and, if needed, consultation can be reinitiated.

Reasonable and Prudent Measures (RPMs) NMFS has determined that the following reasonable and prudent measures are necessary and appropriate to minimize impacts of incidental take of sea turtles or Atlantic sturgeon.

RPMs related to Hopper Dredging Activities

1. NMFS must be contacted prior to the commencement of hopper dredging and again upon the completion of the dredging activity.

2. The USACE shall ensure that all hopper dredges are outfitted with state-of-the-art sea turtle deflectors on the draghead and operated in a manner that will reduce the risk of interactions with sea turtles or Atlantic sturgeon.

3. A lookout/bridge watch, knowledgeable in listed species identification, will be present on board the hopper dredge at all times to inspect the dragheadlUXO screen each time it is removed from the water.

4. The USACE shall provide monthly reports to NMFS regarding the status of dredging and interactions or observations of listed species of sea turtles and Atlantic sturgeon.

5. The USACE shall ensure that all measures are taken to protect any turtles that survive impingement on the hopper dredge. All sea turtles captured must be retained until further coordination with NMFS.

6. The USACE shall ensure that all measures aretaken to protect any sturgeon that survive impingement on the hopper dredge.

RPMSfor all Aspects ofthe HDP

7. Any dead sturgeon must be transferred to NMFS or an appropriately permitted research facility identified by NMFS so that fin clips and a necropsy can be undertaken to attempt to determine the cause of death.. Sturgeon should be held in cold storage.

21 Please note, under the scenario of take observed via proxy and take physically observed, take will not be counted . more than once. That is, should 2.6 million cy of material be removed and no sea turtles were observed impinged on the draghead, then the first take will be considered via the proxy. Alternatively, if during dredging of2.6 million cy, a sea turtle is observed impinged, this will be considered take and no other take will be attributed to this round of dredging once it is complete (i.e., 2.6 cy of material removed); that is the proxy will not be applied.

8. Any dead sea turtles must be held until proper disposal procedures can be discussed with NMFS. Turtles should be held in cold storage.

9. All sturgeon and turtle captures, injuries or mortalities associated with any dredging activities or any other aspect of the project must be reported to NMFS within 24 hours., Additionally, all seaturtle and Atlantic sturgeon sightings in the action area must be reported to NMFS within 24 hours.

Termsandcondiuons In order to be exempt from prohibitions of section 9 of the E.SA, USACE must comply with the following terms and conditions, which implement the reasonable and prudent measures described above and outline required reporting/monitoring requirements. These terms and conditions are non-discretionary.

1. To implement RPM #1, the USACE must contact NMFS ((978)-281-9328 or mail:

Protected Resources Division, 55 Great Republic'Drive, Gloucester, MA 01930)) within 3 days of commencement of dredging and again within 3 days of completion of dredging activity. This correspondence will serve both to alert NMFS of the commencement and cessation of dredging activities, to give NMFS an opportunity to provide the USACE with any updated contact information or reporting forms, and to provide NMFS with information of any incidences with listed species.

2. To implement RPM #2, hopper dredges must be equipped with the rigid deflector draghead as designed by the USACE Engineering Research and Development Center, formerly the Waterways Experimental Station (WES), or if that is unavailable, a rigid sea turtle deflector attached to the draghead. Defl~ctors must be checked and/or adjusted by a designated expert prior to a dredge operation to insure proper installment and operation during dredging. The deflector must be checked after every load throughout the dredge operation to ensure that proper installation is maintained.

Since operator skill is ~mportant to the effectiveness of the WES-developed draghead, operators must be properly instructed in its use. Dredge inspectors must ensure that all measures to protect sea turtles are being followed during dredge op~rations.

3. To implement RPM #3, the Corps will require the lookout to inspect the dragheadlUXO screen for impinged sea turtles or Atlantic sturgeon each time it is brought up from completing a dredge cycle. Should a sea turtle or Atlantic sturgeon be found impinged on the draghead, the incident should be recorded (Appendix D and/or E and F) and NMFS contacted.

4. To implement RPM #3, the Corps will require the lookout to inspect the UXO screen each time the draghead is lifted from the water to inspect for damages on the screen.

Condition of the UXO screen should be recorded on the "Dredge Observer Form" (See Appel1dix D). Should the screen be damaged, the Corps will ensure that repairs to the screen are made as soon as possible to avoid possible unintentional entrainment of large objects.

5. To implement RPM #4, the Corps will provide NMFS reports every 30 days, via email (Danielle.Palmer@noaa.gov) or mail (Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930), recording the days that dredging occurred, and summarizing the lookout/bridge watch reports on draghead inspection, the volume of material removed during the previous 30 day period, and any observations of listed species of sea turtles and Atlantic sturgeon. This information will be used in our assessment of take of sea turtles and/or Atlantic sturgeon. Only those monthly reports that occur within "sea turtle" season in New York waters (i.e., May 1 November 15) will be considered in our assessment of sea turtle take. As Atlantic sturgeon may be present in New York waters throughout the year, it is necessary we receive monthly reports for every month dredging operations will be undertaken..

6. To implement RPM #5, the procedures for handling live sea turtles must be followed in the unlikely event that a sea turtle survives impingement on the dredge (Appendix C). NMFS should be contacted immediately to discuss the transfer of the animal to an appropriate permitted rehabilitation facility.

7. To implement RPM #6, any live sturgeon impinged on the draghead of a hopper dredge must be photographed and measured (if possible), and released immediately .

overboard while the dredge is not operating.

8. To implement RPM #7, in the event of any lethal takes of Atlantic sturgeon, any dead specimens or body parts must be photographed, measured, and preserved (refrigerate or freeze) until disposal procedures are discussed with NMFS. The form included as Appendix F (sturgeon salvage form) must be completed and submitted to NMFS.

9. To implement RPM #7, if a decomposed Atlantic sturgeon or Atlantic sturgeon body part is entrained/impinged during any dredging operations, the USACE must ensure that an incident report is completed and the specimen is photographed. Any sturgeon or sturgeon body parts that are considered "not fresh" (i.e., they were obviously dead prior to the dredge take (e.g., foul odor; necrotic dark or decaying tissue; sloughing of scutes; atypical coloration; and/or opaque eyes) and that the USACE anticipates that will not be counted towards the ITS, must be frozen. The USACE must submit an incident report for the'decomposed sturgeon part, as well as photographs, to NMFS within 24 hours of the take (see Appendix E and Appendix F) and request concurrence that this take should not be attributed to the Incidental Take Statement.

NMFS has sole discretion in…